Frequently Asked Questions About St. Louis Workplace Injury Claims
Generally, no. Under §287.120 RSMo, workers’ compensation is generally your exclusive remedy against your employer for a covered workplace injury. A separate claim may still be available against another party whose actions contributed to the injury.
Missouri generally requires written notice to your employer within 30 days of the injury. Reporting later does not automatically end your claim, but it can give your employer a defense to raise.
Missouri generally gives you two years to file a workers’ compensation claim from the date of injury or your last benefit payment. The deadline may extend to three years if your employer failed to report the injury to the Division.
Whether an injury is compensable depends on the circumstances of the accident and the available medical evidence. If the insurer or employer disputes that connection, those issues may need to be addressed through the claims process.
Generally, your employer or its workers’ compensation insurer selects the authorized treating physician. You can see another doctor, but workers’ compensation may not be responsible for that treatment without authorization.
Workers’ compensation generally does not depend on proving that your employer was at fault for the accident. However, Missouri law allows a 25% to 50% reduction in benefits for certain violations involving safety devices or rules.
A separate third-party claim may be available when another person or company contributed to your workplace injury. Depending on the circumstances, that could include a negligent driver, equipment manufacturer, property owner, or another business.
A denied claim does not necessarily mean you are unable to pursue benefits. The reason for the denial and the evidence supporting your injury can help determine what options are available.
A termination following a workplace injury report may raise issues separate from your workers’ compensation claim. Whether you have a potential retaliation claim depends on the specific circumstances surrounding the termination.
