Missouri workers’ compensation claims have a fixed time frame in which parties involved in an incident have a right to take legal action.
A statute of limitations is a type of law that establishes a fixed time frame in which parties involved in an incident have a right to take legal action. Though there are certainly a lot of critics to the concept of limiting a person’s ability to take such actions, proponents argue that statutes of limitations are essential to ensuring balance.
Over time, evidence may be lost, people may forget essential details, so the statute of limitation ensures there is a reasonable window in which you can bring a case forward.
Missouri’s workers’ compensation claims also have a statute of limitations not all workers are aware of.
What’s the Timeline for a Missouri Worker’s Compensation Claim?
Missouri’s worker’s comp statute of limitations is technically two years, though this has to do with filing a formal claim. You, the injured worker, are obliged to report your injury or illness to your employers no later than 30 days after the incident took place, or you were made aware of your diagnosis.
In this state, injured workers must notify their employer in writing, and then it’s the employer that files an injury report on your behalf. If your employer fails to promptly report your injury to the division, the statute of limitations may be extended an additional year.
What Does It Mean for You?
It’s essential you report your injury within 30 days to your employer, in writing, where you will mention:
- The date of the injury or of receiving the diagnosis
- How the accident happened (if applicable)
- How you got the diagnosis (if applicable)
- Your contact information
Remember not to give too many details, or be extremely vague. Stick to the major facts that your employer should know. After you file the injury report, you need to wait for your employer to tell you which doctor to see (in Missouri, your employer chooses your worker’s comp doctor).
If you fail to report your injury in 30 days, it’s very likely your claim will be denied. It’s the kind of technicality that’s very difficult to work around that. If it’s your employer that fails to report your injury promptly, you still have a good chance of getting your claim approved, as it’s not your own fault.
Speak With a Workers’ Compensation Attorney
Your employer and the insurance company will likely tell you you do not need a lawyer for a worker’s comp case, and that’s technically true. Still, it’s a good idea to speak with one to ensure that your legal right to compensation is protected right from the start of your claim.
Worker’s compensation cases aren’t as simple and straightforward as one would hope, and working with an experienced St. Louis worker’s comp lawyer can help you navigate this process with ease. A lawyer will ensure your rights are protected and you access all medical treatments and additional benefits the law says you are entitled to.
Speak With a Workers Comp Attorney
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