Report of Injury
Lear Werts LLP represents injured Missouri employees and their dependents in all aspects of workers' compensation law, including assistance with injury reporting, which is often the first step to building a successful benefits claim. Our attorneys realize that it is important for you to receive your benefits as quickly as possible so that you may continue to support yourself and your loved ones through your treatment and recovery. Accurate and complete reporting from the onset of a claim may reduce delays in the filing process.
Filing a Report of Injury after a Workplace Incident
If you have sustained an on-the-job injury, been involved in a workplace accident, or discovered that an illness or ailment stems from a work-related task or workplace environment, you must report your injury immediately to your employer or supervisor. If you fail to report your injury or ailment to your employer within 30 days of the incident or discovery, you may jeopardize your ability to receive maximum workers' compensation benefits. When you notify your employer, do so in writing. In the writing, state at a minimum:
- The date, time, and place of injury
- The nature of the injury
- Your name and address
Be sure to make a copy of the written notice for your own records. Also, keep a written record of the date that you mailed the notice. If you hand-deliver the notice to your employer or supervisor, make a record of the date and time of the delivery, noting the full name and title of the person to whom you delivered the report.
Your Employer's Responsibilities
Once you have filed a report of injury, your employer should arrange for any necessary medical treatment on your behalf. In Missouri, the employer has the right to select the treating doctor in workers' compensation cases; therefore, it is important to see your employer's designated healthcare provider in order to receive compensation for your treatment. Your employer must also file a report of injury with the Missouri Division of Workers' Compensation. If your employer or its insurer knowingly fails to report the injury to the Division in a timely manner, it may be subject to a fine, imprisonment, or both. For more information about reporting and filing, please visit our frequently asked questions page.
For your injury to qualify as a work-related injury covered by workers' compensation, an on-the-job accident must be "the prevailing factor", or primary factor, causing both the resulting medical condition and disability. In other words, your injury must have arisen out of and in the course of your employment. For occupational diseases, the standard is the same: on-the-job exposure must be "the prevailing factor" in causing both the resulting medical condition and disability.
Seek Knowledgeable, Efficient Representation
If you feel that you or a loved one has suffered a work-related injury that may qualify for workers' compensation benefits, time is of the essence. Please contact Lear Werts LLP for additional information about reporting an injury to your employer.