If you were just hurt on the job in Missouri, two deadlines matter more than anything else on this page: written notice to your employer within 30 days, and a claim filed with the state within two years. Missing either one can cost you your benefits.
What to do first
Get medical help. If it's an emergency, go to an emergency room or call 911. For non-emergency injuries, tell your employer before you seek routine treatment if at all possible — in Missouri, your employer or its insurer has the right to choose the treating doctor (more on this below).
Report the injury to your employer in writing, right away, and no later than 30 days. Under Missouri's workers' compensation law (RSMo § 287.420), no proceeding for compensation can be maintained unless written notice of the time, place, and nature of the injury, plus your name and address, was given to the employer no later than 30 days after the accident — or, for an occupational disease or repetitive-trauma injury, no later than 30 days after the condition was diagnosed. The statute calls for written notice: a text, email, written incident report, or signed letter creates a record, and it is by far the safest thing to do. Report in writing, immediately.
Keep a copy of what you sent and note the date, or ask for a copy of any incident report your employer creates.
Follow the treatment plan and keep all appointments — missed medical visits can be used against you in a dispute.
If you did not give written notice within 30 days, do not give up
Late or verbal notice does not automatically end your claim, and it is important not to walk away from a viable case because of it. RSMo § 287.420 builds in a lack-of-prejudice exception, and it is a real and routinely applied one, not a long shot:
For an accident, the statute bars a proceeding for failure to give the 30-day written notice “unless the employer was not prejudiced by failure to receive the notice.” If the employer was not actually harmed by not getting written notice — for example, it already knew about the injury, a supervisor was told, a co-worker reported it, or the employer sent you for medical treatment — the notice defense can fail. Note how the statute is written for accidents: it does not by its terms place the burden on the employee.
For an occupational disease or repetitive trauma, the second sentence of the statute is worded differently: the proceeding is barred “unless the employee can prove the employer was not prejudiced by failure to receive the notice.” Here the statute does put the burden on the employee to show the employer was not prejudiced.
None of this is a reason to delay: give written notice as soon as you can, because it is far easier to prove notice than to litigate prejudice. But if the 30 days have already passed, or all you did was tell your boss out loud, you may well still have a claim. Bring the facts to the Division or to someone who can review them — do not assume you are barred.
Missouri's workers' compensation agency
Missouri's system is run by the Division of Workers' Compensation, part of the Missouri Department of Labor and Industrial Relations. The Division processes injury reports and claims, resolves disputes through administrative law judges, and provides information to injured workers. Its official site is labor.mo.gov/dwc, and its injured-worker section is at labor.mo.gov/dwc/injured-workers. The Division lists a toll-free line at 800-775-2667 and an email address of workerscomp@labor.mo.gov.
Who is covered in Missouri
Under RSMo § 287.030, most Missouri employers with five or more employees are covered by the workers' compensation law. There is an important exception: an employer in the construction industry that erects, demolishes, alters, or repairs improvements is covered with one or more employees. Employers below the threshold may elect to come under the law voluntarily. If you are a sole proprietor, partner, or otherwise unsure whether you or your employer is covered, confirm your specific situation with the Division rather than assuming.
Missouri is not a monopolistic state-fund state: employers buy coverage from private insurers or qualify to self-insure rather than buying from a state-run fund.
The deadline to file your claim
This is the deadline that can permanently end your case — pay close attention. Under RSMo § 287.430, no proceeding for compensation can be maintained unless a claim is filed with the Division within two years after the date of injury, the date of death, or the last payment made on account of the injury or death — whichever applies. That period extends to three years if your employer did not file the required report of the injury with the Division. Missouri courts have described this limit as one of extinction, not merely of repose — meaning that if you miss it, your right to benefits can be wiped out entirely, not just delayed. Don't wait to find out which deadline applies to you; file, or get help filing, well before two years pass.
Occupational disease: the clock starts when you reasonably could have known
If your condition is an occupational disease — a disease or injury caused by exposure at work, such as asbestos-related illness, a toxic exposure, or a repetitive-trauma condition — the two-year clock does not necessarily start on the day you were last exposed. RSMo § 287.063.3 provides that the limitation period in § 287.430 “shall not begin to run in cases of occupational disease until it becomes reasonably discoverable and apparent that an injury has been sustained related to such exposure.” In other words, the clock runs from when you reasonably could have known your injury was work-related — which for a slow-developing disease may be years after the exposure ended.
The same subsection sets a special rule for hearing loss caused by industrial noise: the limitation period does not begin to run until you are eligible to file a claim under RSMo § 287.197, which requires a period of separation from the noisy work before a claim for occupational deafness may be filed.
If a work-related disease surfaced long after you left the job or the exposure, do not assume you are too late. Ask the Division or a Missouri attorney to look at when your condition actually became reasonably discoverable.
Minors and workers under a legal disability
§ 287.430 says that in all other respects the limitation is governed by the law of civil actions, which pauses the clock for a person under a legal disability — minority or mental incapacity as defined in chapter 475. The statute adds that the appointment of a conservator is deemed to terminate that legal disability, which starts the clock running. If the injured worker was a minor, or was mentally incapacitated during part of the limitations period, the two-year deadline may not have run against them the way it first appears. Family members acting for an injured worker in that situation should get the dates reviewed rather than assuming the case is over.
Who picks your doctor
This is the question injured workers ask first, and in Missouri the answer differs from many other states. Under RSMo § 287.140, the employer has the right to select the licensed treating physician, surgeon, chiropractic physician, or other health care provider. The employer must provide the medical treatment reasonably required to cure and relieve you from the effects of the injury — but the employer chooses the provider. The statute also says that if you wish to select your own physician, you may do so at your own expense. If you believe the employer-directed treatment is inadequate, raise that dispute with the Division rather than simply switching doctors on your own and expecting the bill to be covered.
Wage-replacement benefits
If your injury keeps you out of work, Missouri pays temporary total disability benefits at 66⅔% (two-thirds) of your average weekly earnings (RSMo § 287.170). Missouri also sets a maximum weekly benefit that is tied to the state average weekly wage and adjusts every year. Because that dollar figure changes annually, confirm the current maximum directly with the Division rather than relying on any number you see quoted elsewhere.
There is also a three-day waiting period (RSMo § 287.160): no compensation is payable for the first three days or less of disability. But if the disability lasts longer than fourteen days, payment for those first three days is made retroactively. Medical treatment is owed from the start, waiting period or not.
Permanent disability
If your injury leaves permanent effects, Missouri workers' compensation recognizes two broad categories:
Permanent partial disability (PPD) — paid under a statutory schedule of losses that assigns a set number of weeks of compensation to specific body parts (an arm, a leg, a finger, and so on), with injuries not on the schedule compensated in proportion to the scheduled ones.
Permanent total disability (PTD) — for workers who are unable to compete for employment in the open labor market. PTD can be paid as ongoing weekly benefits or resolved by a negotiated settlement.
These calculations depend on medical ratings, your wage records, and the specific facts of your injury, and the weekly maximums that apply to them are adjusted annually. Get the current figures and the calculation method from the Division, or from someone who has reviewed your medical and wage records.
If your claim is denied
Watch these deadlines closely — they move fast. If your employer or its insurer disputes your claim, the case can be set for a hearing before an administrative law judge within the Division. After the judge issues an award, if you disagree with it, you must file an Application for Review with the Labor and Industrial Relations Commission within 20 days from the date of the award (RSMo § 287.480). If you still disagree after the Commission rules, you may appeal to the appellate court, but you must file your notice of appeal with the Commission within 30 days from the date of the Commission's final award (RSMo § 287.495). Missing the 20-day or the 30-day window generally forfeits that level of review, so if you receive an unfavorable award, act immediately rather than waiting to see what happens.
Where to get help in Missouri
Division of Workers' Compensation — call 800-775-2667 or email workerscomp@labor.mo.gov with questions about the process or your case status.
The Division's Dispute Management Unit — the Division runs a voluntary mediation program, staffed by a Division mediator, to resolve medical-treatment and lost-wage disputes that arise soon after an injury. Both sides must agree to mediate. Timing matters: the Division states that the unit does not provide voluntary mediation services once a formal Claim for Compensation has been filed with the Division, because filing a Claim starts a contested case in which an administrative law judge decides the disputed issues. Mediation is also unavailable if the case has been docketed for a conference, or if the disputed issue is permanent disability or disfigurement. If mediation is something you want, ask about it before you file a Claim. Details are at labor.mo.gov/dwc/units/dispute-management-unit.
Civil legal aid — if you cannot afford a private attorney, contact your local Missouri legal aid organization to see whether you qualify for free help.
This article is general legal information about Missouri law, not legal advice for your specific situation. For advice about your claim, contact the Missouri Division of Workers' Compensation or a Missouri-licensed attorney.
Frequently asked questions
How long do I have to report a work injury to my employer in Missouri?
Under RSMo 287.420, you must give your employer written notice of the time, place, and nature of the injury, plus your name and address, no later than 30 days after the accident - or no later than 30 days after diagnosis for an occupational disease or repetitive-trauma injury. A text, email, incident report, or signed letter creates a written record, so report in writing right away.
What if I missed the 30-day notice deadline or only told my boss verbally?
You may still have a claim - do not assume you are barred. RSMo 287.420 allows a proceeding to go forward despite the missing written notice if the employer was NOT prejudiced by failing to receive it. That commonly happens when the employer already had actual knowledge of the injury: a supervisor was told, an incident report was made, or the employer sent you for medical treatment. For an accident, the statute is written as an exception ('unless the employer was not prejudiced by failure to receive the notice') and does not on its face put the burden on the employee. For an occupational disease or repetitive trauma, the statute does require that the employee prove the employer was not prejudiced. Either way, bring your facts to the Division or a Missouri attorney rather than walking away.
How long do I have to file a workers' compensation claim in Missouri?
Under RSMo 287.430, generally two years from the date of injury, the date of death, or the last payment made on account of the injury or death, whichever applies. That period extends to three years if your employer did not file the required report of injury with the Division of Workers' Compensation.
I have an occupational disease that showed up years after the exposure. Am I too late to file in Missouri?
Not necessarily. RSMo 287.063.3 says the limitation period in section 287.430 does not begin to run in occupational disease cases 'until it becomes reasonably discoverable and apparent that an injury has been sustained related to such exposure.' So for a slow-developing condition - asbestos-related disease, a toxic exposure, repetitive trauma - the two-year clock can start long after the exposure ended. Hearing loss from industrial noise has its own rule: the clock does not start until you are eligible to file under RSMo 287.197, which requires a period of separation from the noisy work. Get the discovery date reviewed before assuming your claim is dead.
Does the two-year deadline still run against a minor or a worker who was mentally incapacitated?
RSMo 287.430 provides that the limitation is otherwise governed by the law of civil actions, which pauses the clock for a person under a legal disability - minority or mental incapacity as defined in chapter 475 - and states that the appointment of a conservator is deemed to terminate that legal disability. If the injured worker was a minor or was mentally incapacitated during the limitations period, the deadline may not have run the way it appears. Have the dates reviewed.
Can I choose my own doctor for a work injury in Missouri?
Generally no. RSMo 287.140 gives the employer the right to select the treating physician or other health care provider, and the employer must provide the treatment reasonably required to cure and relieve the effects of the injury. The statute says you may select your own physician at your own expense. If you think the authorized treatment is inadequate, raise the dispute with the Division rather than switching doctors on your own.
What percentage of my wages does Missouri workers' comp pay?
Temporary total disability is paid at 66-2/3% (two-thirds) of your average weekly earnings under RSMo 287.170, up to a state maximum that is tied to the state average weekly wage and adjusts every year - ask the Division for the current maximum. There is also a three-day waiting period before wage benefits start, and those three days are paid retroactively if the disability lasts longer than fourteen days.
What happens if my Missouri workers' comp claim is denied?
Your case can be set for a hearing before an administrative law judge in the Division of Workers' Compensation. If you disagree with the judge's award, you must file an Application for Review with the Labor and Industrial Relations Commission within 20 days of the award (RSMo 287.480). If you still disagree, you may appeal to the appellate court by filing a notice of appeal with the Commission within 30 days of the Commission's final award (RSMo 287.495).
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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