If you were hurt on the job, you probably have a lot of questions about what happens next. Below are answers to the most common workers’ compensation questions our clients ask during free consultations. For more information, visit our Columbia workers’ comp lawyer page or call our office.
Yes — and the sooner the better. Under Missouri law, you are required to report your work injury to your employer within 30 days of the accident, or within 30 days of discovering that your injury is work-related. Missing this deadline can jeopardize your entire claim. In practice, report the injury the same day it happens and ask your employer to document it in writing.
In Missouri, the employer or its workers’ compensation insurance carrier typically has the right to select your treating physician. This can be frustrating, especially if you have a doctor you trust. However, you may be able to seek a second opinion, request a change of physician if the relationship breaks down, or in some circumstances treat with your own doctor if the employer fails to provide timely care. An attorney can help you understand your options if you believe you are not receiving adequate treatment.
Missouri workers’ compensation provides several types of benefits depending on the nature and severity of your injury:
For more on permanent disability, see our Permanent Disability page.
It depends on whether your claim is accepted or disputed. If your employer and insurer accept the claim, medical benefits should begin promptly and TTD checks should follow within a few weeks. If the claim is delayed or denied, you may need to file with the Missouri Division of Workers’ Compensation and go through a hearing process, which can take months or longer. Acting quickly and getting legal help early tends to shorten the timeline.
No. Missouri §287.780 specifically prohibits employers from retaliating against employees for filing a workers’ comp claim. If you were fired, demoted, or otherwise punished for reporting a work injury or pursuing benefits, you may have a separate legal claim against your employer for wrongful discharge.
A denial is not the end of the road. You have the right to contest it by filing with the Missouri Division of Workers’ Compensation and having a hearing before an Administrative Law Judge. Insurance companies often deny claims expecting workers to give up — an experienced attorney can challenge the denial, gather supporting medical evidence, and represent you at the hearing. See our Filing an Appeal page for more on that process.
Some injuries — especially back conditions, repetitive stress injuries, and occupational disease — worsen gradually. Missouri law allows for modification of a workers’ compensation award if your condition materially and substantially changes after a final award. If your condition worsens significantly after you reach Maximum Medical Improvement (MMI), you may be able to reopen your claim. Do not sign a final settlement without understanding what you may be giving up.
You are not required to have an attorney, but having one significantly improves your outcome. Insurance carriers have experienced adjusters and defense attorneys working to minimize what they pay you. A workers’ comp attorney can make sure your injury is properly documented, challenge low impairment ratings, negotiate a fair settlement, and represent you at hearings. Most workers’ comp attorneys, including our office, work on contingency — you pay nothing unless we recover for you.
In Missouri, you generally have two years from the date of the accident — or two years from your last payment of compensation or medical benefits — to file a workers’ compensation claim. For occupational diseases, different deadlines may apply. Do not wait until you are close to the deadline, as building a complete case takes time.
Generally, no. Missouri’s workers’ compensation system is the exclusive remedy against your employer for most work injuries — you cannot sue your employer in civil court. However, if a third party — such as a contractor, equipment manufacturer, or another driver — contributed to your injury, you may be able to bring a separate personal injury claim against that party. Our office handles both workers’ comp and personal injury, so we can evaluate all available options.
Missouri workers’ compensation is a no-fault system — you generally do not have to prove your employer did anything wrong to receive benefits, and your own negligence does not bar your claim. The main exceptions are injuries caused by the employee’s intoxication or deliberate self-harm, in which case benefits may be reduced or denied.
The Law Office of Chris Miller offers free consultations for injured workers in Columbia and throughout Central Missouri. You pay nothing unless we recover compensation for you. Contact us today to discuss your claim.