How Quickly Must a Work Injury Be Reported Under Missouri Law?

When you suffer a personal injury while at work here in Missouri, the sooner you report the work injury the better your chances of getting your full workers’ compensation benefits. State law sets deadlines that every injured worker should understand, and if you’re having issues, it’s important to talk to an attorney sooner rather than later. 

How to Report a Work Injury in Missouri

It’s essential that you give written notice to your employer. The written notice must reach your employer no later than thirty days after the incident in most cases, and it needs to include the date, time, and place of the injury, a description of its nature, and your name and address. 

Many employers do have their own incident forms for you to fill out, but if not, the state also provides a free form called WC-280 that you can use if needed. The wisest thing to do to be absolutely certain everything moves forward as it should is to deliver the notice in person with a witness or send it by certified mail with return receipt requested. 

Why Moving Quickly Is Important

Obviously there’s a legal requirement to fulfill here, but there’s more to it than that. When the details and evidence are fresh, your employer (and your own lawyer, if necessary) can investigate better. Witnesses still remember what happened, and video or photographic records still exist. Early reporting also lets your employer arrange authorized medical treatment quickly, which supports your recovery and creates consistent documentation of the injury.

What About Gradual Onset Injuries?

Injuries that develop gradually, such as those caused by repeated motions or workplace exposures, also have a thirty-day window, but the thirty days run from the date that your doctor diagnoses the condition and ties it to your work, not from the date the symptoms first appeared.  

Next Steps

Once you provide notice to your employer, your employer must forward that information to their workers’ compensation insurance carrier or third-party administrator within five days. The carrier or administrator then files the First Report of Injury with the Division of Workers’ Compensation within thirty days of learning about the incident. 

If your employer doesn’t report the injury, or if the insurer doesn’t, then they can face some serious consequences. There are fines and even possible prison sentences for this kind of fraud and noncompliance. 

How a Lawyer Can Help

Despite the potential consequences, some employers and insurers drag their feet with these injuries, so it’s important to keep on your employer and make sure they’ve done the proper reporting. Getting a lawyer is a good way to keep things moving. Your lawyer can make sure all notifications are made, put pressure on and even report your employer or their insurer if they’re not following through, and help you challenge any denials, delays, or other issues that could jeopardize your claim. 

Talk to a Personal Injury and Workers’ Comp Attorney

For help with your workers’ comp claim, contact Spooner & Perkins Attorneys at Law in Parkville, MO or call us at 816-572-6324. We offer free consultations, and we have decades of experience serving the Kansas City Metro area.

Tags: Personal injury lawyers, workers compensation, Workers' comp
Posted in Work Injury | No Comments »