Spanish What Are My Rights as an Injured Worker on Workers’ Comp in Missouri?
Understand how workers’ compensation works in the state of Missouri.
What are my rights as an injured worker on workers’ comp in Missouri? This is an important question for workers to ask. With some minor exceptions, Missouri workers’ compensation law provides coverage for all workers injured on the job while working within Missouri, providing relief for those who suffered a workers’ comp injury.
The Workers’ Compensation Division of the Missouri Department of Labor and Industrial Relations administers Missouri workers’ compensation law. The most important thing you can do is talk to a Workers’ Compensation attorney call Northland Injury Law at 816-400-4878.
What Are My Rights as an Injured Worker on Workers’ Comp?
Injured workers, you have the right to:
- Make a Missouri Workers Compensation Claim
A claim for workers’ compensation can be made if the company you work for is located in Missouri and your injury occurred either inside or outside of the state. Even employees from companies located outside the state can file if their injury happened while working within the state.
Also, you can file a claim if your contract of employment was fully completed within the state, no matter where the employer sends you to work.
- Report a Missouri Work Injury
Employees have 30 days to report an acute injury. This is the case whether the injury is an acute injury or a repetitive-use injury. You have 30 days to report a repetitive use type injury once you learn that your job, over time, has caused an injury. (ie: 6 months after seeing your family doctor for back pain, he finally says “your job moving patients/ carrying laundry/ lifting concrete/maintenance worker/etc., has caused damage to your back.) At this time, you should report this injury.
- Give It to Your Employer in Writing
You should consider giving your employer a letter reporting the injury. If your employer seems to be ignoring you or does not prepare a written report, you should prepare a letter confirming that you reported the injury. It is important to get this writing and be sure to include the date you reported it and who you reported it to. Date the letter and keep copies for your records.
- Get All the Medical Care You Need
As an employee, you can receive medical care after reporting the injury. An employer should provide the necessary medical services required. This is not contingent upon a medical opinion (or, worse yet, an award) finding the injury compensable. It would be absurd, for example, if the legislature intended that an employer must provide ambulance transportation to a critically injured worker, but only after the critically injured worker provided employer with a medical opinion that the injury giving rise to the need for ambulance transportation was work-related.
- Get the Right Medical Care for Your Missouri Work Injury
Employees can choose to reject the medical care offered by the employer and use their own health insurance. Some employees may do this if their medical care is refused or if their case is denied. However, it’s important to know that most doctor’s offices will not treat work injuries unless they are presented with a letter outlining how the employer refused to issue medical care.
An experienced attorney can help you through this by working with doctors who agree to treat patients on a lien basis. An attorney can try to recover compensation for the treatment that was denied to you.
- Keep Your Own Records
It is also important to record your doctor visits. Document all information about the work-related injury. It is not uncommon for doctors to fail to document tingling, numbness, etc. You should at least deliver letters to the doctor’s office confirming what was talked about during the visit. Date the letters, and keep copies for your records.
- Get Paid While You Are Unable to Work
Employees can receive temporary total disability (“TTD”) when they have to miss work to be treated by a doctor. This can help compensate them for the time missed from work. It is 2/3rds of your average weekly wage. This compensation is not tax-free. You could get this type of compensation if the doctor authorizes light-duty work, but the employer has no such work available.
If you can no longer work, an attorney can pursue a claim for permanent total disability (“PTD”). These types of claims can take time and often require professionals. They can also be highly disputed by insurers. It is not uncommon for injured workers to suffer financial hardships during the time it takes to fight a PTD case.
Filing for unemployment will hurt your workers’ comp case unless you specifically write on your unemployment forms (and keep copies), “I am out of work due to a work injury. The work comp doctor released me from care with restrictions of_____? I am willing to try and work within these restrictions, but I will need to rest on occasion due to pain and will need a ride to work due to my pain meds.” Keep copies!
- Rate Reductions: The Missouri Department of Commerce and Insurance declared a 5.3% workers’ compensation loss costs reduction that took effect on January 1, 2025, marking four successive years of such declines. The reduction enables employers to pay less for insurance premiums without sacrificing strong employee protections.
- Administrative Tax Rate. Both the Administrative Tax and Administrative Surcharge have been set at 1.5% for 2025, while the Second Injury Fund Surcharge remains at 3.0%. The workers’ compensation system administration receives funding from these rates, which also provide support to injured workers.
- System Modernization. The Missouri Division of Workers’ Compensation will launch the Work Comp Connect system in August 2025. Through the implementation of this system, they will achieve both optimization of claims processing and enhanced customer service for every stakeholder.
Recent Updates to Missouri Workers’ Compensation Laws
In 2025, Missouri introduced several changes to its workers’ compensation system:
Understanding the Exclusive Remedy Rule
Under Missouri’s Exclusive Remedy rule, workers’ compensation is the primary legal option for employees who suffer job-related injuries. Under this regulation, workers cannot file legal claims against their employers for negligence that leads to workplace injuries unless certain conditions are met.
The system ensures quick access to medical treatment and wage replacement benefits but restricts employees from pursuing extra compensation through legal actions. Knowing this rule helps you understand your legal rights and potential legal actions.
Damages You Can Receive Through Workers’ Compensation
Employees injured on the job can use workers’ compensation to pay for their medical treatments, which include doctor appointments, surgery procedures, physical therapy sessions, and prescription drugs. Workers can claim temporary total disability (TTD) benefits when an injury causes them to lose wages, which typically provides two-thirds of their average weekly wages until they recover enough to work again.
Workers who suffer permanent injuries can receive permanent partial disability (PPD) benefits or permanent total disability (PTD) benefits based on how severe their impairment is. Workers might obtain vocational rehabilitation compensation when their injury prevents them from returning to their former employment.
Employees who suffered injuries caused by a third party have the option to file separate legal claims for pain and suffering as well as additional damages beyond the workers’ compensation system.
Your Right to a Safe Work Environment
Both state and federal laws give Missouri employees the right to work in safe and healthy environments. Under the Missouri Safe Workplace Act and OSHA regulations, employers must ensure safe work conditions by providing sufficient safety training and essential protective equipment for their workers.
Employees can report dangerous workplace conditions without facing backlash, while employers must address safety issues and eliminate any hazardous situations. Employers must maintain proper ergonomic conditions and protect machinery while supplying protective equipment when necessary. Employees who sustain injuries because of insufficient safety measures or inadequate training might file a workers’ compensation claim or pursue a negligence claim.
Every worker is entitled to go home safely after each workday, and employers must follow established safety protocols to prevent unnecessary injuries.
Talk to an Attorney
A Missouri attorney experienced in workers’ compensation can be an invaluable asset to your case, especially if you were seriously injured and cannot go back to work. You should strongly consider talking to a worker’s comp attorney if you need to appeal a denial of your claim and/or your if injuries are severe or complex.
For a more comprehensive list of all the questions you might have about workers’ compensation, and for a free consultation, please call (816)-400-4878. If you have further questions about your case, do not hesitate to reach out to us by the phone number, through the contact form, or even with the live chat option listed on our site!
