By Steven Edelman, Attorney (314) 631-6777
Missouri Workers’ Compensation RSMo 287.140
Medical Treatment under Missouri workers’ compensation law is governed by section 287.140 which states:
“[T]he employee, shall receive and the employer shall provide such medical, surgical, chiropractic, and hospital treatment, including nursing, custodial, ambulance and medicines, as may reasonably be required after the injury or disability, to cure and relieve from the effects of the injury. If the employee desires, he shall have the right to select his own physician, surgeon, or other such requirement at his own expense.” RSMo 287.140
“Medical aid is one component of the compensation an injured worker is entitled to receive . . . This includes treatment that gives comfort or relief from pain even though a cure is not possible.” See Erwin v. Midway Arms, Inc., (Mo. App. W.D. 2025) citing Abt v. Miss. Lime Co., 420 S.W.3d 689, 704 (Mo. App. E.D. 2014)
Furthermore, medical treatment ‘should not be denied simply because’ and injured worker ‘may have achieved maximum medical improvement.’ Williams v. City of Ave., 982 S.W.2d 307, 311-12 (Mo. App. S.D. 1998) Overruled on other grounds by Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 226 (Mo. banc 2003).
Medical Treatment
- As a general rule, the employer controls and pays for the injured worker’s medical treatment.
- The employee can choose to see their own doctor but will have to pay this medical treatment, and the employer will no longer be liable for the cost of the employee’s medical care.
- When the employer has notice that the employee needs medical treatment or a demand is made on the employer to provide medical treatment, and the employer refuses or fails to provide the needed medical treatment, then the employer will be held liable for any reasonable and necessary medical treatment that this obtained by the employee. See Lyman v. Mo. Emps. Mut. Ins. Co., 407 S.W.3d 130 (Mo. App. S.D. 2013) citing Poole v. City of St. Louis, 328 S.W.3d 277, 291 (Mo. App. E.D. 2010).
Therefore, to hold the employer liable for repayment of the injured worker’s medical bills, an injured worker must prove that (1) Whether a demand for medical treatment was made to the employer; and (2) Whether the demand was refused or ignored.
NOTE: Under Missouri law there is no requirement by law that the injured worker update the employer on the course of the additional medical treatment. Additionally, no medical evidence is required to accompany a claimant’s demand for further medical treatment. See Nouraie v. Mo. Baptist Med. Ctr., No. 10-111746, 2013 WL 1093332 (Mo. Lab. Ind. Rel. Com. Mar. 13, 2023) which states that an injured worker need not prove the compensability of her injury before the employer has any obligation to provide medical examination or treatment. It is illogical to require an injured worker to obtain unauthorized medical treatment for the purpose of proving to an employer that it must authorize further medical treatment.
Practical Application:
- It is sometimes necessary to obtain from the workers’ compensation employer and or insurer a written denial letter of medical treatment that the injured worker can show to their own doctor. This denial letter will sometimes help facilitate the employee’s own doctor to bill the employee’ personal health insurance for the medical treatment for the work injury. At the end of the case, the injured worker will seek reimbursement for the costs of this medical treatment from the employer/workers’ compensation insurer and indemnification and protection from their own health insurer for the portion of the medical bills paid by the employee’s health insurer.
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