In Missouri, a 10-year statute of limitations applies to the enforcement of Workers Compensation final awards. Generally, to receive the full amount of the award, an employee must file a petition within the 10-year period. An exception exist for when an employer makes partial payments to the employee within the 10-year window. In which case, these partial payments will toll or extend the statute of limitations.
In a recent case, an employee sued her employer for refusing to pay her medical expenses as part of her workers comp award. The employee filed a petition for the enforcement of the workers comp award 13 years after it was entered. In its defense, the employer, a large health care system, claimed that the employee’s suit was barred by the statute of limitations. Notwithstanding the 10-year rule for filing, the court ruled in favor of the employee, holding that her petition was still timely because the statute of limitations was tolled during the time period that the employer had made payments, and the employer failed to prove that no payments had been made within 10 years.
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 Comp 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. Call our attorneys today.
