How do I file a workers' compensation claim in Missouri?
Missouri workers' comp is governed by Mo. Rev. Stat. Chapter 287, administered by the Division of Workers' Compensation within the Department of Labor and Industrial Relations.
1. Coverage
Required for employers with 5 or more employees (1+ in construction) under Mo. Rev. Stat. § 287.030. Excluded: farm laborers, domestic servants, occasional labor on private homes, real estate agents paid by commission, and qualifying independent contractors. Sole proprietors and partners may opt in.
2. Notice to Employer
Written notice within 30 days (Mo. Rev. Stat. § 287.420). Failure to give notice bars the claim unless the employer was not prejudiced.
3. Claim Filing
File a Claim for Compensation with the Division within 2 years of injury, or 3 years if the employer has not filed a Report of Injury (Mo. Rev. Stat. § 287.430).
4. Benefits
Medical 100% covered. Temporary Total Disability pays 66 2/3% of average weekly wage subject to state max (105% of state average wage — about $1,180/week for 2026) under § 287.170. Permanent Partial Disability uses body-part schedule × percentage × week value (§ 287.190). Permanent Total Disability for life. Second Injury Fund covers limited preexisting-condition claims. Death benefits under § 287.240 plus $5,000 burial.
5. Independent Medical Exam (IME)
Carrier may require IME under § 287.210. Employee may also obtain own expert.
6. Choice of Doctor
Employer selects the treating physician under § 287.140. Employee who self-treats without authorization bears the cost unless emergency or refusal.
7. Denied Claim / Appeal
Administrative Law Judge hears the claim. Appeal to the Labor and Industrial Relations Commission within 20 days, then to the Missouri Court of Appeals (§ 287.495).
8. Third-Party Suit
Mo. Rev. Stat. § 287.150 preserves third-party rights. Employer has subrogation lien — distribution formula reduces lien for pro-rata attorney's fees.
This is legal information, not legal advice.
- Second Injury Fund claim for preexisting condition
- Authorized treating physician dispute
- PPD percentage disagreement at ALJ hearing
- Mo. Rev. Stat. Ch. 287
- Mo. Rev. Stat. § 287.030
- Mo. Rev. Stat. § 287.140
- Mo. Rev. Stat. § 287.170
- Mo. Rev. Stat. § 287.190
- Mo. Rev. Stat. § 287.420
- Mo. Rev. Stat. § 287.430
- Mo. Rev. Stat. § 287.150
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.