Timeline for Filing a Workers Compensation Claim
Missouri Workers Compensation Attorney
Roskin & Hoffmann, LLC
Don't miss a deadline in your claim for Workers Compensation.
Whenever a worker is injured at his or her place of employment, there is a limited amount of time to file a workers comp claim with the MO Division of Workers Compensation. This limit is commonly known as a statute of limitations and works in a similar fashion for injured MO workers. Typically, an injured worker in MO has 2 years from the date of the injury, or 2 years from the last date a benefit payment was made to file a claim for work comp. Other than this, the only way to get more time is if your employer did not file a report of injury with the State of MO. In that case, the injured worker has 3 years from the date of the injury or three years from the date of the last benefit payment. There is also a time extension to file an amended claim, but this time limit depends on the first examples. This could possibly add up to a year of additional time to correct any problem with the initial claim for workers compensation.
The claim for workers compensation should detail pertinent information about the claimant including address, date of birth, and social security number. Additionally, the claim must contain information about the injury and how it occurred. Lastly, the claim must contain information about the employer at the time of the injury as well as any information about prior injuries in order to bring a claim against the Second Injury Fund. Since this workers comp claim is a legal document, it must be done properly in order to protect all of your rights. These rights include payment for time lost from work, permanent partial disability payments at the end of the case, medical treatment and possibly permanent total disability payments every week for the rest of the injured workers life.
After Filing A Workers Compensation Claim
After the claim is filed, the employer/insurance company has 30 days to file an answer. This response will likely deny the allegations contained in the claim for workmans compensation, which then become points of contention as the case moves forward. If the claim moves to a hearing (trial) then those are the points or areas of the law which must be proven in order to prevail.
To ensure that your workers compensation case is filed timely, properly advanced, and properly handled at a hearing, please contact our office as soon as possible to set up a free consultation.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Compensation question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Learn about the timeline when filing a claim.