Missouri Worker Injuries: Workers Compensation Claims

In Missouri, all employers with five or more employees, either full time or part time, must carry Workers' Compensation insurance. Employers in the construction industry have stricter guidelines, and must carry insurance if they have at least one employee. Workers Compensation insurance is paid for by employers, and its purpose is to protect workers who are injured or disabled while on the job. In July 2009 alone, there were 9,095 Workers' Compensation injuries filed in the state of Missouri.

Common Covered Work Related Injuries

Accidents, repetitive motion injuries, fatalities, hearing loss, and occupational diseases are all covered under Missouri Workers' Compensation law. In order for these to be covered, an employee must prove that work was “the prevailing factor” in causing the disability. Injuries sustained while on property owned or controlled by the employer are compensable, as are injuries sustained while driving a company car, as long as the employee is performing job duties.

Filing a Claim

Employees must first report any injury or illness to their employer within thirty days and receive prompt medical treatment. The employer should file a First Report of Injury with the Workers' Compensation Commission. Usually this is enough to start the process. If an employee has not received compensation though these steps, they may file a Claim for Compensation with the Missouri Division of Workers' Compensation using form WC-21. The original and three copies should be submitted, and a lawyer is recommended to assist in this process.

Denial of a Workers Comp Claim

Valid claims are usually accepted, though there are reasons for denial. A claim may be denied if drugs or alcohol are found to be a cause of the injury which produced the disability. Wilful misconduct that leads to injury may also lead to a denial. Failure to report the disability within the required time frame may also lead to denial. Improperly filled out paperwork and incomplete information may also cause a claim to be denied.

Appealing a Missouri Workers Compensation Denial

The Missouri Division of Workers' Compensation provides dispute management services that can in many cases lead to a resolution of the disputed claim. A worker may also request a conference with an Administrative Law judge by calling their local adjudication office. If these measures fail to work, a Claim for Compensation form WC-21 should be filed with the Division of Workers' Compensation within two years, and a request for a formal evidentiary hearing should be made. All parties will appear in court and argue their sides. A judge will then make a decision. A judge's decision may be appealed by submitting an appeal application to the Labor and Industrial Relations Commission.

Collecting Missouri Workers Compensation Payments

Besides medical care benefits, employees may also be eligible for monetary wage loss benefits. These benefits are usually paid on a weekly basis, unless another type of settlement has been made. The type of injury and the employee's average weekly wage determine the level of benefits. Generally, the amount equals about two thirds of a worker's weekly salary, as long as the amount does not exceed the maximum allowable level. In 2009, the maximum weekly payment for Temporary Total Disability, Permanent Total Disability, and Death is $807.48, and maximum Permanent Partial Disability benefits are $422.97 a week.

Getting a Lawyer to Help

A Workers' Compensation Lawyer should be hired if there is any dispute with a Workers' Compensation claim. The laws and procedures related to Workers' Compensation law are complex and often confusing to those not experienced in legal matters, and an experienced attorney can help an employee navigate the process. Lawyers are needed to represent employees in formal evidentiary hearings, and are essential in the appeals process.

Missouri Workers Compensation Office Locations

Missouri Division of Workers Compensation
Street Address:
3315 West Truman Boulevard, Room 131
Jefferson City, Missouri 65102
Mailing Address:
Post Office Box 58
Jefferson City, Missouri 65102-0058
(573) 751-4231

Missouri Department of Labor and Industrial Relations
Street Address:
3315 West Truman Boulevard, Room 213
Jefferson City, Missouri 65102
Mailing Address:
Post Office Box 504
Jefferson City, Missouri 65102-0504
(573) 751-9691

St. Louis Office
111 North 7th St., Room 250
St. Louis, MO 63101
314-340-6865

Kansas City Office
1410 Genessee Street, Suite 210
Kansas City, MO 64102-1047
816-889-2481

Cape Girardeau Office
3102 Blattner, Suite 101
Cape Girardeau, MO 63701
573-290-5757

Joplin Office
3311 Texas Avenue
Joplin, MO 64801
417-629-3032

St. Charles Office
3737 Harry S. Truman Blvd., Suite 300
St. Charles, MO 63301
636-940-3326

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