The Missouri workers' compensation system exists to help injured employees pay for medical care and replace lost wages. However, the legal process can be confusing and slow. Insurance companies often try to delay payments or deny claims to save money.
As you recover from your injuries, your attorney will be working hard to get you the money you need. The average time is 12 to 18 months from the date of your injury. However, many factors can affect your case.
Key Takeaways for Missouri Workers’ Comp Settlement Timeline
- Most Missouri employers are required to carry workers’ compensation insurance, including construction companies with even one employee.
- Workers must report workplace injuries within 30 days, though reporting immediately in writing is strongly recommended.
- The workers’ compensation process usually includes reporting the injury, insurer review, medical treatment, settlement negotiations, and possible appeals if denied.
- Settlement timelines vary widely, with simple cases potentially resolving in months while severe injuries can take years, especially if disputes arise.
- Cases generally cannot settle until Maximum Medical Improvement (MMI), meaning a doctor determines the worker has recovered as much as possible.
Understanding Missouri Workers' Compensation Basics
Before you can understand the timeline, you need to know how the system works. Missouri law requires most employers to carry workers' compensation insurance. If a company has five or more workers, they must have coverage. For construction businesses, the law is even stricter. Employers in the construction industry must provide coverage if they have just one employee. If you suffer a construction accident, you are covered.
Key Steps in Filing a Claim
- Report the injury to your employer. According to Missouri law, you must report your workplace injury within 30 days. However, it is best to report the injury immediately in writing to your boss or supervisor.
- Employer notifies the insurance company. Once you report the injury, your employer has five days to inform their insurance provider.
- The insurer reviews your claim. The insurance company will then decide to either approve or deny your claim. If approved, they will begin covering your medical treatment and a part of your lost wages.
- Appeal if your claim is denied. If the insurer denies your claim, you have the right to appeal. The Missouri Division of Workers' Compensation oversees this process and can help resolve any disputes.
It is important to note that you cannot be fired for reporting a workplace injury. You should not worry about reporting to your employer. You can, however, be fired for other reasons unrelated to the injury, like tardiness or bad behavior.
Missouri Workers' Comp Case Timeline
- Initial Reporting and Claim Filing: You must report your workplace injury within 30 days. After you report it, your employer is responsible for filing the necessary paperwork.
- Medical Treatment and MMI: This is often the longest stage. It is crucial to attend all doctor appointments and follow all medical advice. This phase continues until your doctor determines you have reached Maximum Medical Improvement (MMI), which can take weeks, months, or even years.
- Initiating the Settlement Process: Once you reach MMI, your attorney will review your medical records to calculate your total losses. This includes past and future medical bills and any lost wages. Your lawyer will then send a formal settlement demand to the insurance company.
- Negotiations and Legal Proceedings: The insurance company will typically respond to the demand with a low offer. Your lawyer will negotiate to secure a fair amount. If the insurance company refuses to offer a fair settlement, your lawyer will request a hearing before a judge to fight for you.
- Settlement Approval: After an agreement is reached, the Missouri Division of Workers' Compensation must approve the settlement. A judge reviews the terms to ensure they are fair to you. Once approved, the insurance company will issue your check, usually within a few weeks.
Factors Influencing the Settlement Timeline
There is no one, concrete answer to how long it takes to get a workers' comp settlement in Missouri. Every case is different. Several factors can speed up or slow down your final payout.
Injury Severity and Medical Treatment
The severity of your injury is the biggest factor in getting your settlement. Minor injuries might heal quickly. A simple case could settle in about six months. However, severe or complex injuries take much longer. If you suffered catastrophic injuries, your case might extend to two years or longer.
You cannot settle your case until you reach Maximum Medical Improvement (MMI). MMI means your doctor decides your injury is as healed as it will ever get. Until you reach MMI, no one knows the full cost of your future medical needs. Settling before MMI is dangerous because you might run out of money you'll need for future medical care.
Case Complexity and Disputes
If there is clear evidence that you were hurt at work, your case will move faster. If your employer provided a safe working environment, but an accident still happened clearly on the clock, things are simpler.
However, disputes cause major delays. The insurance company might argue that your injury happened at home. They might blame a pre-existing condition. Cases involving toxic exposure on the job or complex federal trucking regulations violations take longer to investigate and prove.
Insurance Company Cooperation and Tactics
Insurance companies make money by paying you as little as possible. They use tactics to delay your case. They might ignore phone calls, demand unnecessary paperwork, or flat-out deny valid medical treatments.
Legal and Administrative Procedures
The legal system itself takes time. Filing a formal Claim for Compensation starts the clock on administrative procedures. For example, if your claim involves the Second Injury Fund, the Attorney General’s Office has 30 days to file a response.
Your case will likely require a pre-hearing conference with an administrative law judge. You might also go through mediation to try to reach an agreement. The judge's caseload and schedule will heavily impact your timeline.
We Help Injured Workers Across Missouri
The timeline for a Missouri workers' compensation settlement depends on your medical treatment, the insurance company's behavior, and the legal process. While you must have patience as your body heals, you must also be proactive. Do not let the insurance company dictate your future.
DM Injury Law is ready to fight for you in any case. We help injured workers maximize their financial recovery. As you focus on your physical and emotional recovery, we will focus on the recovery of your losses.
Over the years, our team has helped injured workers get the money they were owed. Take a look at some of our successful workers' comp case results:
- $550K for Worker with Permanent Disability
- $450K for Client Working on Industrial Machinery
- $267.5K for Disabled Worker
Do not wait to get help. Our attorneys know how to aggressively negotiate with insurance adjusters. Contact us today for a FREE consultation. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
We have offices all over Missouri, including:
- Kansas City workers' comp attorneys
- St. Louis workers' comp attorneys
- Columbia workers' comp attorneys
- Blue Springs injury attorneys
