When Must The Claim Be Filed: Answers From a Missouri Workers Compensation Attorney
Workers’ compensation is intended to be a streamlined benefits system, but many workers’ compensation cases can be extremely complicated. For example, your workers’ compensation case can affect your entitlement to social security benefits, Medicare benefits, or unemployment compensation benefits. Before you make any decisions on your workers’ compensation case, you should read all the information available to you on this website, and/or consult with a lawyer.
If you decide to file a claim for compensation, it should be filed with the Division within the statutory period of limitation, which is:
- Within two years after the date of the injury or death or, last payment was made on account of the injury or death; or
- If the employer does not timely file a Report of Injury with the Division, within three years from the date of injury, or death, or last payment was made on account of the injury or death.
Note that if you decide to file a claim based on an “occupational disease” (like carpal tunnel syndrome), the Division of Workers’ Compensation must receive the claim:
Within two years after the occupational disease becomes reasonably discoverable and it is apparent that an injury has been sustained related to the work exposure, or if payment was made on account of your workers’ compensation injury or occupational disease, within two years after the last benefit payment made. The period of limitations is extended to three years if the employer or insurer does not timely file a First Report of Injury with the Division.
The law on Workers Compensation is very complicated and the foregoing information is targeted specifically to injured workers and is intended to be a resource for the workers’ compensation claim process. It is NOT intended to be a substitute for legal representation. St. Louis Workers Compensation Lawyer Michelle M. Funkenbusch urges you to seek legal representation to avoid losing your rights to your claim and benefits. Call 314-338-3500 for a free one hour consultation about the deadlines applicable to your case.