Everybody kind of has a general idea of what workers’ compensation is. It’s compensation for workers who are injured in the scope of their employment. It was originally enacted in order to protect employers and employees, essentially it creates a low threshold for injured workers to receive compensation for their injuries, I should say a low burden of proof for injured workers to receive compensation and also, at the same time it limits liabilities to employers. In Missouri workers, compensation laws are designed to protect employees and employers as well.
Interviewer: How much time does one have to report it, both the worker and the employer I guess?
Kevin Roach: In Missouri, you have up to 30 days to report an injury but I recommend reporting any injury immediately. If you fail to report your injury to your employer within 30 days, it can jeopardize your ability to receive Missouri workers compensation benefits. So you should notify your employer in writing as soon as possible after the injury.
For most claims you have a 30 day notice requirement. The thirty days starts from when you first know about the injury. Certain injuries such as occupational disease claims, it is unclear when the injury happened. A classic example is a Missouri claim for carpal tunnel syndrome. This type of injury develops over time and should be reported when the claimant knows that he or she has this condition and that it may be work related. When filing these claims I usually use the first date of treatment as the date of injury. Missouri workers’ compensation claims for carpal tunnel syndrome can be very complicated and claimants should consult with a workers compensation lawyer.