Notice Requirements for Workers’ Compensation in NolMO

Workers’ compensation is a highly valuable benefit system in Missouri. It provides employees with extremely helpful benefits if they are unable to work or have sustained medical expenses because of a work injury or accident.

For the system to function properly, both employers and employees must follow certain notice requirements set out by workers’ compensation law. These obligations encourage communication between the employer and the worker so that everyone has a fair opportunity to address a work-related injury or accident in the most efficient way possible.

Notice Requirements for Employers

Employers required to carry workers’ compensation insurance must post identifying information about their insurance carrier claim administrator for their employees. This posting must be located in a conspicuous place so that employees know who to contact if an injury occurs.

Once an injury has been reported to an employer, the employer must then, in turn, report the incident to the Division of Workers’ Compensation within 30 days. In most situations, and employer’s insurance company will end up reporting the accident on a company’s behalf. If the employer fails to make this convey this information, they may be charged with a misdemeanor.

Employee Notice Requirements

The most important notice requirement for personnel in workers’ compensation is the obligation to report to your employer regarding the accident or injury. Employees must notify their employer in writing regarding the following information:

• The time of the injury

• Where the injury occurred

• A general description of the injury

• The name and address of the individual who was harmed

This information should be provided to the employer within 30 days of the accident. In fact, a failure to report this information can completely bar a workers’ compensation claim in Missouri in most circumstances.

There are exceptions to this general rule, however. For example, if the injury caused complete incapacitation, the employee may not be able to physically or mentally report the damage to the employer. In those situations, you may be able to provide notice later.

In cases that involve repetitive injuries or occupational diseases, you should be sure to supply the above information to your employer as soon as you are diagnosed with a particular condition that you believe is work-related. The rules are slightly different for these claims because they can take months or even years to develop, and you may not realize the injury is work-related at first.

You may also be able to get around the written notice requirement by showing that the late notice did not prejudice the employer. The purpose of the notice requirement is so that the employer has time to investigate the claim and react accordingly. If, for example, you notified your employer verbally, he or she would still have a chance to explore the allegation promptly. This rule is basically a “no harm, no foul” rule. Nonetheless, you should not rely on this exception; written notice is always a good idea.

If you have been injured at work and are considering a workers’ compensation claim, you may want to speak with our office about your legal options and responsibilities under Missouri workers compensation law. Call 816-656-2596 for a free consultation.