Steven A. Edelman, Attorney 314-631-6777
What are the reporting requirements for an injured worker and the employer in a Missouri Workers’ Compensation Case:
Employee Required to make written report of injury:
The injured worker must make a written report of injury to the employer within 30 days of the work injury. This report of injury in writing should be made to a person in a position of manager, human resources, an owner of the employer, boss or supervisor.
See Missouri law RSMo 287.420 “No proceedings for compensation for any accident under this chapter shall be maintained unless written notice of the time, place and nature of the injury, and the name and address of the person injured, has been given to the employer no later than thirty days after the accident, unless the employer was not prejudiced by failure to receive the notice. No proceedings for compensation for any occupational disease or repetitive trauma under this chapter shall be maintained unless written notice of the time, place, and nature of the injury, and the name and address of the person injured, has been given to the employer no later than thirty days after the diagnosis of the condition unless the employee can prove the employer was not prejudiced by failure to receive the notice. https://revisor.mo.gov/main/OneSection.aspx?section=287.420
Employer Required to Report work injury to the Court:
The employer then has 30 days file a report of the work injury with the court, which is called the Missouri Division of Workers’ Compensation. The employer’s report of injury to the court is called a Form 1 or WC-1 See RSMo 287.380, which states: “Every employer or his insurer in this state, whether he has accepted or rejected the provisions of this chapter, shall within thirty days after knowledge of the injury, file with the division under such rules and regulations and in such form and detail as the division may require, a full and complete report of every injury or death to any employee for which the employer would be liable to furnish medical aid . . .” https://revisor.mo.gov/main/OneSection.aspx?section=287.380
Extension of Statute of Limitations if Employer fails to make report of injury within 30 days to the Court:
If the employer fails to make a report of injury to the court within 30 days of their knowledge of the work injury, then the statue of limitations to file the injured worker’s workers’ compensation case is extended to 3 years, instead of 2 years.
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven Edelman, Attorney