How Long Do You Have to File a Workers' Comp Claim in Missouri?
On behalf of Harper, Evans, Hilbrenner & Netemeyer
February 21, 2025
How Long Do You Have to File a Workers' Comp Claim in Missouri?
Getting injured on the job is stressful. You’re dealing with pain, medical bills, and lost wages. The last thing you want is to miss your chance to get compensation because of a deadline. Missouri has strict laws about how long you have to file a workers’ comp claim. If you wait too long, you could lose your right to benefits entirely.
The Missouri Workers’ Comp Statute of Limitations gives injured workers two years from the date of injury to file a formal claim. Employees must report their injury to their employer within 30 days of the incident. If the employer fails to file the Report of Injury on time, the three-year extension applies. These deadlines are firm. If you miss them, your claim will likely be denied.
Let’s break down what you need to know about workers' comp claims in Missouri, key deadlines, and what steps you need to take to protect your rights.
Missouri Workers' Compensation Deadlines
Workers’ compensation laws in Missouri set clear time limits for filing claims. Here’s what you need to know:
- Two-Year Deadline: You must file a workers’ comp claim within two years of your injury. This applies whether your injury happened in a single accident or developed over time, like repetitive stress injuries.
- Three-Year Deadline: If your employer or their insurance provider has already provided medical or disability benefits, you have three years from the date of the last payment to file a claim.
- 30-Day Notice Rule: Before you even get to filing a claim, you must notify your employer within 30 days of your injury. This must be in writing and should include details about when, where, and how the injury happened. Failing to report your injury within 30 days can give your employer a reason to deny your claim.
What Happens If You Miss the Deadline?
If you don’t file within the required timeframe, you will likely lose your right to workers’ compensation benefits. Employers and insurance companies can use missed deadlines as a reason to deny claims, and the courts usually uphold these time limits. Once the deadline passes, your options for compensation become extremely limited.
How to File a Missouri Workers’ Comp Claim
Filing a workers’ compensation claim in Missouri involves several steps:
- Report Your Injury Immediately – You must notify your employer in writing within 30 days of the injury. Include details about how the injury happened and the date it occurred. If possible, keep a copy of your notification for your records.
- Seek Medical Treatment – Your employer (or their insurance company) has the right to choose your doctor. If you go to a doctor on your own, you may have to pay for those expenses out of pocket.
- File a Formal Claim – Submitting a written notice to your employer isn’t enough. You need to file a Claim for Compensation (Form WC-21) with the Missouri Division of Workers’ Compensation. This is the official filing that starts your claim.
- Work With an Attorney – While you can file a claim on your own, workers’ comp cases can be complex, especially if your claim is denied or if the insurance company disputes your injuries. An experienced attorney can protect your rights and make sure you get the benefits you deserve.
Common Reasons Workers’ Comp Claims Get Denied
Not all claims get approved. Insurance companies often look for reasons to deny claims or reduce payouts. Some common reasons include:
- Missed Deadlines – If you don’t report your injury within 30 days or fail to file a formal claim within the two- or three-year deadline, your claim may be denied.
- Lack of Medical Evidence – You need clear medical documentation that connects your injury to your job. If your medical records are unclear, your employer’s insurer may argue that your injury wasn’t work-related.
- Pre-existing Conditions – If you had a prior injury or condition, the insurance company might claim your injury wasn’t caused by your job.
- Employer Disputes the Claim – Some employers contest workers' comp claims, arguing that the injury didn’t happen at work or wasn’t serious enough to qualify for benefits.
If your claim is denied, don’t give up. You can appeal the decision with the Missouri Division of Workers’ Compensation, and having an attorney can make a big difference in getting your claim approved.
Missouri Workers' Comp Benefits
If your claim is approved, you may be eligible for several types of benefits:
- Medical Benefits – Covers doctor visits, surgeries, prescriptions, and other necessary medical treatments.
- Temporary Total Disability (TTD) – Provides wage replacement if you can’t work while recovering. The amount is usually two-thirds of your average weekly wage, subject to state limits.
- Permanent Partial Disability (PPD) – If you can still work but have lasting impairments, you may receive compensation for your reduced earning capacity.
- Permanent Total Disability (PTD) – If you are unable to work at all due to your injury, you may qualify for lifelong benefits.
Statistical Overview of Missouri Workers’ Comp Cases
Workers' compensation is a major system in Missouri. Here are some important statistics:
- In 2022, Missouri recorded over 94,000 workers’ compensation claims.
- The average workers’ compensation payout for permanent disability cases in Missouri falls between $2,000 to $40,000, though this varies widely based on injury severity.
Get Legal Help for Your Workers’ Comp Claim
Filing a workers’ compensation claim in Missouri isn’t always simple. Deadlines are strict, paperwork must be completed correctly, and insurance companies often fight claims. If you’re injured at work, getting legal help can make all the difference.
At Harper, Evans, Hilbrenner & Netemeyer, we know how to handle complex workers’ comp cases. We’ll fight to get you the benefits you’re owed. If you have questions or need help filing your claim, call us today for a consultation. Waiting too long could cost you your rights—get started now.
