Federal & State Lawfederalstatelaw.com
Back to Questions
employmentMO

How do I file a workers compensation claim in Missouri?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Missouri workers' compensation is administered by the Division of Workers' Compensation (DWC) within the Missouri Department of Labor and Industrial Relations, governed by Mo. Rev. Stat. Chapter 287.

1. Who Is Covered

  • Employers with 5 or more employees must carry workers' comp (Mo. Rev. Stat. § 287.030).
  • Construction industry: 1 or more employees.
  • Sole proprietors, partners, and LLC members may opt out; corporate officers may opt out.

    • 2. "Prevailing Factor" Standard

  • For injuries on or after August 28, 2005, the work accident must be the "prevailing factor" in causing the injury (Mo. Rev. Stat. § 287.020(3)(1)) — a stricter standard than mere contributing cause.

    • 3. Notice to Employer — 30 Days

  • Under Mo. Rev. Stat. § 287.420, written notice to the employer within 30 days of the accident.
  • Failure to give timely notice may bar the claim absent prejudice or good cause.

    • 4. Filing Deadline — 2 Years

  • File a Claim for Compensation with the DWC within 2 years of the injury (Mo. Rev. Stat. § 287.430).
  • Or 3 years if the employer fails to file the Report of Injury.
  • Hearings before an Administrative Law Judge (ALJ); appeals to the Labor and Industrial Relations Commission (LIRC).

    • 5. Weekly Benefit Calculation

  • Temporary Total Disability (TTD): 66 2/3% of AWW (Mo. Rev. Stat. § 287.170).
  • 2024 maximum TTD: approximately $1,141/week (105% of SAWW); minimum: $40/week.
  • Permanent Partial Disability (PPD): 66 2/3% of AWW × number of weeks per body part schedule.
  • Permanent Total Disability (PTD): lifetime at TTD rate.

    • 6. Maximum Benefit Period

  • TTD: until MMI; no statutory cap on weeks.
  • PPD: scheduled (e.g., arm = 232 weeks).
  • PTD: lifetime.

    • 7. Medical Treatment — Employer Directs

  • The employer/carrier has the right to select the treating physician (Mo. Rev. Stat. § 287.140).
  • Employee may petition the DWC for a change of physician for good cause.
  • Unauthorized treatment is generally not reimbursable.

    • 8. Choice of Doctor

  • Restricted — employer-controlled.

    • 9. Attorney Fees

  • Capped at 25% of the award under Mo. Rev. Stat. § 287.260; ALJ/Commission approval required.

    • 10. Second Injury Fund

  • Missouri's Second Injury Fund pays benefits when a pre-existing disability combines with a work injury to cause greater disability than either alone (§ 287.220) — but the Fund's liability has been significantly limited by 2014 legislation.

    • 11. Retaliation

  • Mo. Rev. Stat. § 287.780 prohibits retaliatory discharge for filing a workers' comp claim.

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • The 'prevailing factor' standard is being used to deny your claim
    • You have a pre-existing condition and may qualify for Second Injury Fund benefits
    • Your case proceeds to LIRC appeal
    Related Statutes & Laws
    • Mo. Rev. Stat. § 287.020
    • Mo. Rev. Stat. § 287.030
    • Mo. Rev. Stat. § 287.140
    • Mo. Rev. Stat. § 287.170
    • Mo. Rev. Stat. § 287.220
    • Mo. Rev. Stat. § 287.420
    • Mo. Rev. Stat. § 287.780

    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.