Yes, you can still file a Missouri workers' comp claim even if your workplace injury was your fault. It is a no-fault state, which means employee rights allow for filing a claim to receive benefits even if your own negligence or mistake while performing the duties of your job caused you to get hurt. Unless you were impaired by alcohol or drugs, deliberately harming yourself, or taking illegal actions, you can get benefits.
You are allowed to file a claim with the Missouri Division of Workers' Compensation if you have a workplace accident that causes you to sustain injuries. St. Louis injured workers do not have to worry about fault to receive benefits, however, there are a few exceptions.
If you were intoxicated, willfully committing self-harm, or engaged in illegal horseplay actions, you may receive a denial for your Missouri workers' comp benefits. The Bruning Law Firm helps Missouri workers understand their rights and options under state workers' comp law. Our attorneys help you understand how to file a workers' compensation claim in Missouri, which requires prompt reporting to your employer with a written notice within 30 days of the accident.
How long does a workers' compensation claim take? Once you've reported it, you should make sure you've received medical care and are following doctors' orders. In the event that you receive a denial on your claim for benefits, you have two years from the date of your injury to file a formal Claim for Compensation.
Frequently Asked Questions
What if I was injured doing something against company policy?
Injured workers in Missouri who violate a safety rule may still be eligible for workers' comp benefits. If it was a simple mistake or a negligent action instead of intentional misconduct, the no-fault system means you might still receive benefits.
Can I get money for pain and suffering if the injury was my fault?
No, workers' comp in Missouri is only for covering medical expenses and partial wage loss. It does not cover non-economic damages such as pain and suffering, mental anguish, or loss of enjoyment of life.
Does the insurance company have to accept my claim if I say I made a mistake?
Yes, with the no-fault rule, the workers' comp insurer can't deny your claim just because you were at fault. The injury must be work-related and within the scope of your employment. A common follow-up to this question is how long do I have to file a workers' comp claim in Missouri, and our attorneys would like to point out that filing as soon as possible is another way to avoid a denial.
Contact The Bruning Law Firm
The Bruning Law Firm helps injured workers in St. Louis with their Missouri workers' compensation cases. The attorneys at our family-owned law firm charge no fee unless we win. We offer a free consultation to help you determine your next steps. Call (314) 735-8100 today to discuss your case with a workers' comp attorney in St. Louis.