We are workers’ comp attorneys who have achieved results for our clients in Missouri for over 40 years.
Workers Compensation Statute of Limitations in Missouri
There is a fixed period of time within which parties have the right to file for workers’ compensation in Missouri if they are involved in a workplace accident. This time frame is known as the statute of limitations.
Critics contend that the workers’ compensation statute unfairly limits a worker’s legal rights. This concept, however, is considered vital by many proponents because it secures a reasonable period during which an employee with a work-related injury can file a Missouri workers’ compensation claim with their employer.
It is important to note that Missouri’s workers’ compensation statute of limitations specifies when employers must resolve an employee’s claim. When parties fail to take legal action within the correct time frame, evidence and other vital details can be lost. Introducing the statute of limitations assures parties that their case is brought forward within the stipulated period of time.
Missouri Workers Compensation Act
Business owners with five or more employees are required to carry workers’ compensation coverage under the Missouri Workers Compensation Act.
The workers’ compensation system is a no-fault, state-mandated system that compensates injured workers for medical expenses, lost wages, and permanent disabilities. As a result, employers are immune from civil lawsuits brought by employees over workplace injuries.
As a result, employees will receive workers’ compensation benefits if they suffer an injury or illness in the course of their employment.
What Is a Workplace or Work-Related Injury/ Illness?
Workplace accidents, occupational injuries, and accidents at work occur during the course of work and result in physical or mental harm. Work accidents include accidents that occur while performing an economic activity, doing work, or conducting an employer’s business. Work-related accidents can occur in the workplace or on the way to or from the place of work.
Accidents occurring “in the course of work” can include those that occur off the company’s premises and those caused by third parties.
How Does Missouri Workers’ Compensation Work?
Missouri workers’ compensation should cover the following:
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Medical expenses for the person injured on the job
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Retraining expenses for workers that can’t come back to their original job
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Life expenses for employees that sustain permanent injuries or disability
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Survivor benefits for families of workers that lost their lives
A worker, however, is not entitled to compensation for injuries sustained as a result of the following:
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The employees’ negligence
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While violating the law
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Accidents resulting from drug or alcohol intoxication
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Activities not related to their work
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While violating company policies
In specific instances, multiple parties may be liable for the injury to the worker. Depending on the circumstances, a worker may be entitled to file a workers’ compensation claim and a personal injury lawsuit against the third party. In Missouri, if your employer or their insurance company pays a settlement and you later receive a settlement from a third party for the same injury, they can recoup the money they paid in accordance with the Ruediger Formula in Missouri.
What Is the Statute of Limitations on Workers Comp Claims?
A formal workers’ compensation claim must be filed within two years of the injury or death. Injured workers must report their injury or illness to their employers within 30 days after the incident or 30 days after they are informed of their diagnosis.
Missouri law requires injured workers to notify their employers in writing, and the employer files the injury report on their behalf. An additional year may be added to the statute of limitations if an employer fails to report a worker’s injury to the Division of Workers’ Compensation promptly.
An experienced attorney can help you determine the strength of your case and make sure you file the required paperwork before you start a workers’ comp claim.
How Can a Worker’s Compensation Lawyer Help You?
In the event of a workplace injury, it is essential that you obtain medical attention as soon as possible. The next step to take is hiring a lawyer. Hiring a workers’ compensation lawyer has endless benefits.
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They will be your legal advisor and representative.
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The law firm will help you complete all the paperwork related to your claim.
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A lawyer can challenge and appeal the decision if your claim is denied.
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The workers’ compensation lawyer will assist you in proving that you are injured in the workplace and that your injury isn’t from an old medical condition, even if the body area already has an existing injury scar.
If your employer refuses to honor your compensation claims, a lawyer can help you seek legal action, and you do not risk losing your job or seniority. They will seek legal justice for you.
You won’t have to navigate the legal process alone when you work with trusted workers’ comp lawyers from Buchanan, Williams & O’Brien. You can be confident that our attorneys will vigorously defend your interests and ensure the best outcome for you.
If you have any questions, please do not hesitate to contact us. We are always happy to answer your questions. Schedule your free consultation now!
Frequently Asked Questions
How Long Does a Workers’ Comp Case Last?
Workers’ compensation injuries can fall into four categories of disability: temporary partial, temporary total, permanent partial, and permanent total. The law stipulates how long these payments are made based on these categories.
Due to Medicare coverage, some compensation coverage may end when the victim reaches 65, but in other cases, it continues until the victim dies.
How Long Does the Workers’ Comp Settlement Process Take in Missouri?
The time it takes for a workers’ comp settlement in Missouri depends on the circumstances. Generally, the period for a workers’ compensation settlement is usually six months from the injury date.
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