Missouri
Missouri Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
Missouri requires most employers to carry workers' compensation insurance. If you are hurt on the job, you receive medical care and partial wage replacement regardless of who was at fault. In exchange, workers' compensation is generally your only legal remedy against your employer for a work injury.
Is workers' comp required in Missouri?
Workers' compensation is mandatory for Missouri employers that have five or more employees. The threshold drops to one or more employees for the construction industry, recognizing the elevated hazards in that sector. Employers must carry coverage through a licensed insurance carrier or through approved self-insurance. If an employer fails to carry required coverage, RSMo 287.280.1 lets the injured worker elect to bring an action against that employer directly to recover damages instead of proceeding under the workers' compensation chapter. The Second Injury Fund is not a backstop for a current injury: RSMo 287.220.7 limits fund withdrawals for employees of uninsured employers to injuries and deaths occurring before January 1, 2014. The administering agency is the Missouri Division of Workers' Compensation, which operates under the Missouri Department of Labor and Industrial Relations.
Sole proprietors, partners, and members of limited liability companies are generally excluded from mandatory coverage but may elect coverage. Household domestic workers and certain agricultural workers are also excluded by statute. If you are unsure whether your employer is covered, the Division of Workers' Compensation can help you verify coverage status.
Benefits you can receive
Missouri workers' compensation covers the full cost of necessary medical treatment for a work-related injury or illness. There are no copays or deductibles for authorized care. Wage replacement benefits kick in after a 3-day waiting period. If your disability lasts more than 14 days, the first 3 days are paid retroactively, so you receive compensation starting from day one.
Wage replacement for temporary total disability (TTD) is calculated at 66 2/3% of your average weekly wage, subject to a maximum the state sets each year at 105% of the Missouri statewide average weekly wage. The Division recalculates this cap annually, so the specific dollar ceiling changes. Missouri also recognizes several other disability categories:
- Temporary partial disability (TPD): for workers who can do modified duty at reduced pay, benefits cover a portion of the wage difference.
- Permanent partial disability (PPD): for lasting impairment that does not prevent all work, rated by body part using a schedule or as a percentage of the whole person. PPD is paid at the same 66 2/3% rate but carries a lower ceiling: for injuries on or after August 28, 1992, the weekly payment cannot exceed 55% of the state average weekly wage (RSMo 287.190.5(5)).
- Permanent total disability (PTD): for workers who can never return to any employment, benefits continue for life, subject to the same 105% ceiling that applies to temporary total disability.
- Death benefits: if a work injury is fatal, the surviving spouse and dependents receive compensation and burial expenses.
Vocational rehabilitation may also be available if your injury prevents you from returning to your prior occupation.
Deadlines: reporting your injury and filing a claim
There are two separate deadlines that every Missouri injured worker must track, and missing either one can end your claim entirely.
First deadline: report to your employer. You must give your employer written notice of your injury within 30 days of the accident or from when you first knew (or reasonably should have known) your condition was work-related. Verbal notice may be insufficient; put it in writing as soon as possible. Failure to report within 30 days can result in a denial of benefits, though Missouri courts may forgive the delay if the employer had actual knowledge of the injury.
Second deadline: file a formal claim. You must file a Claim for Compensation with the Missouri Division of Workers' Compensation within 2 years of the date of injury or within 2 years of the last payment of workers' compensation benefits, whichever is later. If your employer or insurer failed to file the required First Report of Injury, the filing window extends to 3 years. For occupational diseases (conditions caused gradually by workplace exposures), a separate limitations period may apply. Do not wait until the deadline approaches; evidence gets harder to gather over time.
Choosing your doctor
In Missouri, the employer and its insurer direct your medical care. They select the treating physician and authorize all medical treatment. You are generally required to treat with the employer's chosen provider for authorized care. If you refuse treatment with the employer's chosen physician, your benefits could be jeopardized.
This is one of the most significant differences between Missouri and employee-choice states. Because the employer picks the doctor, that physician's opinions on your condition, work restrictions, and permanent impairment carry major weight in your claim. If you disagree with the authorized physician's findings, you have the right to obtain an independent medical examination. The Division of Workers' Compensation can assist in resolving disputes over medical treatment. With the employer's doctor shaping nearly every part of a contested claim, ask a Missouri workers' comp lawyer for a free case evaluation on getting that independent examination (attorney advertising).
Can you sue your employer? The exclusive-remedy rule
Missouri workers' compensation is an exclusive remedy system. By accepting the no-fault guarantee of medical care and wage replacement, you give up the right to sue your employer in tort for negligence. This bargain applies even when the employer was careless or created a dangerous workplace. You cannot file a personal-injury lawsuit against your employer simply because the workers' comp benefits feel inadequate.
There are three main exceptions to the exclusive-remedy rule:
- Intentional harm: If your employer (or a co-worker acting as the employer's agent) specifically intended to injure you, a civil lawsuit may be possible. Courts apply a strict standard here; mere recklessness or ignoring known safety hazards usually does not meet it.
- Third-party claims: Workers' comp does not prevent you from suing a third party whose negligence contributed to your injury. Examples include a defective-product manufacturer, a negligent driver who caused a traffic accident during your work duties, or a contractor on a shared job site. A third-party recovery may require reimbursing your workers' comp insurer for benefits paid.
- Uninsured employer: If your employer was required to carry coverage but did not, RSMo 287.280.1 lets you elect to bring an action against that employer directly in court to recover damages. The Second Injury Fund is not a second source of benefits for a current injury; under RSMo 287.220.7, the fund covers claims involving uninsured employers only for injuries or deaths that occurred before January 1, 2014.
If you were hurt at work in Missouri
Taking the right steps quickly protects your claim:
- Report immediately in writing. Tell your supervisor in writing the same day if possible. Keep a copy. Do not rely on verbal notice alone.
- Get medical care. See the employer's authorized physician right away. Delay in treatment can be used against you and worsens your injury.
- File your claim on time. Complete a Claim for Compensation with the Missouri Division of Workers' Compensation well before the 2-year deadline. The form is available at labor.mo.gov/dwc.
- Document everything. Keep records of all medical visits, treatments, expenses, and communications with your employer and insurer. Note witnesses to the accident.
- Know your rights on retaliation. Missouri law prohibits employers from retaliating against an employee for filing a workers' comp claim. If you are fired or demoted after filing, you may have a separate retaliation claim under RSMo 287.780.
- Consult a workers' comp attorney. Missouri's employer-directed care rule means disputes over the authorized physician's findings are common. An attorney can help you obtain an independent examination, challenge a denial, and negotiate a fair settlement. Before that negotiation, our Missouri workers' comp settlement calculator can give you a rough number of your own to compare.
This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in Missouri.
Related
- Workers' Compensation Laws by State: full hub with all 50 states and DC
- Missouri Statute of Limitations: general filing deadlines under Missouri law
More Missouri Laws
- Missouri At-Will Employment Laws
- Missouri Car Accident Laws
- Missouri Final Paycheck Laws
- Missouri Slip and Fall Laws
- Missouri Statute of Limitations
Frequently Asked Questions
Is workers' comp required in Missouri?
Yes. Missouri requires workers' compensation for employers with 5 or more employees. In the construction industry, the requirement applies to employers with even one employee. Employers must carry coverage through a licensed insurer or approved self-insurance.
How long does workers' comp last in Missouri?
It depends on your disability type. Temporary total disability benefits continue until you reach maximum medical improvement or return to work. Permanent total disability benefits can continue for life. Permanent partial disability is paid for a set number of weeks based on the rating of your impairment.
How much does workers' comp pay in Missouri?
Temporary total disability pays 66 2/3% of your average weekly wage. The maximum weekly amount is capped at 105% of the Missouri statewide average weekly wage and is recalculated each year by the Division of Workers' Compensation. There is a 3-day waiting period, but those days are paid retroactively if your disability exceeds 14 days.
Can I be fired while on workers' comp in Missouri?
Missouri law (RSMo 287.780) prohibits employers from discharging or discriminating against an employee for exercising workers' comp rights. If you are fired in retaliation for filing a claim, you may bring a separate civil action against the employer. Workers' comp itself does not guarantee your job, but the anti-retaliation statute provides meaningful protection.
Can I choose my own doctor in Missouri?
Generally, no. Missouri is an employer-directed state: your employer and its insurer select the treating physician and authorize all medical treatment. You are required to treat with the employer's chosen provider for authorized care. If you disagree with the findings, you can request an independent medical examination, and the Division of Workers' Compensation can help resolve disputes.
How long do I have to file a workers' comp claim in Missouri?
You must file a Claim for Compensation with the Missouri Division of Workers' Compensation within 2 years of the date of injury or within 2 years of the last workers' comp payment. If your employer failed to file the required First Report of Injury, you have 3 years. Separate rules may apply to occupational diseases.
Can I sue my employer for a work injury in Missouri?
In most cases, no. Workers' compensation is the exclusive remedy against your employer, meaning you cannot sue in tort for negligence. Exceptions exist for intentional harm by the employer, claims against third parties whose negligence contributed to your injury, and situations where the employer failed to carry required workers' comp coverage.
Updates
Corrected two benefit-law errors: the Second Injury Fund is no longer available to employees of uninsured employers for injuries or deaths on or after January 1, 2014, and the 105% weekly benefit cap applies to total disability while permanent partial disability is capped at 55% of the state average weekly wage.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XVIII (LABOR AND INDUSTRIAL RELATIONS), Chapter 287
§ 287.120Liability of employer set out — compensation increased or reduced, when — use of alcohol or controlled substances or voluntary recreational activities, injury from — effect on compensation — mental injuries, requirements, firefighter stress not affected.In force
1. Every employer subject to the provisions of this chapter shall be liable, irrespective of negligence, to furnish compensation under the provisions of this chapter for personal injury or death of the employee by accident or occupational disease arising out of and in the course of the employee's employment. Any employee of such employer shall not be liable for any injury or death for which compensation is recoverable under this chapter and every employer and employees of such employer shall be released from all other liability whatsoever, whether to the employee or any other person, except that an employee shall not be released from liability for injury or death if the employee engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. The term "accident" as used in this section shall include, but not be limited to, injury or death of the employee caused by the unprovoked violence or assault against the employee by any person.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at revisor.mo.gov
§ 287.170Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when.In force
1. For temporary total disability the employer shall pay compensation for not more than four hundred weeks during the continuance of such disability at the weekly rate of compensation in effect under this section on the date of the injury for which compensation is being made. The amount of such compensation shall be computed as follows: (1) For all injuries occurring on or after September 28, 1983, but before September 28, 1986, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to seventy percent of the state average weekly wage, as such wage is determined by the division of employment security, as of the July first immediately preceding the date of injury; (2) For all injuries occurring on or after September 28, 1986, but before August 28, 1990, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Maness v. City of De Soto (Missouri Court of Appeals 2014, 421 S.W.3d 532)“…r hundred weeks during the continuance of such disability_” Mo. Rev.Stat. § 287.170.1. “The purpose of temporary total disa…”
- Vinson v. Curators of the University of Missouri (Missouri Court of Appeals 1991, 822 S.W.2d 504)“…total disability but not for more than four hundred weeks. Section 287.170 RSMo 1987. Awards of temporary total disabil…”
- Saidawi v. Giovanni's Little Place (Missouri Court of Appeals 1990, 805 S.W.2d 180)“…ry percentage allowed based on the Commission’s finding and § 287.170 RSMo Cum.Supp.1989. Point denied. Gio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 287.780Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined.In forcecited in 3 of our articles
No employer or agent shall discharge or discriminate against any employee for exercising any of his or her rights under this chapter when the exercising of such rights is the motivating factor in the discharge or discrimination. Any employee who has been discharged or discriminated against in such manner shall have a civil action for damages against his or her employer. For purposes of this section, "motivating factor" shall mean that the employee's exercise of his or her rights under this chapter actually played a role in the discharge or discrimination and had a determinative influence on the discharge or discrimination.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 110 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Hansome v. Northwestern Cooperage Co. (Supreme Court of Missouri 1984, 679 S.W.2d 273)“…e principal opinion indicates, recovery is authorized under § 287.780, RSMo 1978, only if an exclusive causal relat…”
- John Templemire v. W&M Welding, Inc. (Supreme Court of Missouri 2014, 433 S.W.3d 371)“…rt’s prior decisions in Hansome and Crabtree . Section 287.780, RSMo 2000, permits an employee to bring a ci…”
- Arie v. Intertherm, Inc. (Missouri Court of Appeals 1983, 648 S.W.2d 142)“…Mrs. Arie’s petition is based upon an alleged violation of § 287.780 RSMo.1978, an action under the statute lies…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri At-Will Employment Laws: Exceptions and Your Rights, Missouri Whistleblower Laws: Protections and How to Report
§ 287.280Employer's entire liability to be covered, self-insurer or approved carrier — exception — group of employers may qualify as self-insurers, requirements — rules — confidential records.In force
1. Every employer subject to the provisions of this chapter shall, on either an individual or group basis, insure their entire liability under the workers' compensation law; and may insure in whole or in part their employer liability, under a policy of insurance or a self-insurance plan, except as hereafter provided, with some insurance carrier authorized to insure such liability in this state, except that an employer or group of employers may themselves carry the whole or any part of the liability without insurance upon satisfying the division of their ability to do so. If an employer or group of employers have qualified to self-insure their liability under this chapter, the division of workers' compensation may, if it finds after a hearing that the employer or group of employers are willfully and intentionally violating the provisions of this chapter with intent to defraud their employees of their right to compensation, suspend or revoke the right of the employer or group of employers to self-insure their liability. If the employer or group of employers fail to comply with this section, an injured employee or his or her dependents may elect after the injury either to bring an…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Parmer v. Bean (Missouri Court of Appeals 1982, 636 S.W.2d 691)“…on had exclusive jurisdiction under § 287.120. Under § 287.280 RSMo (1978), an employer subject to the prov…”
- Schuster v. State Division of Employment Security (Missouri Court of Appeals 1998, 972 S.W.2d 377)“…on, allowing a commutation would not further the purpose of section 287.280 RSMo because there is no danger that state e…”
- Fisher v. City of Independence (Supreme Court of Missouri 1963, 370 S.W.2d 310)“…der the act with payments commuted and immediately payable. § 287.280, RSMo 1959 and V.A.M.S. As stated, he first b…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 287.190Permanent partial disability, amount to be paid — permanent partial disability defined — permanent total and partial total disability require certification by physician on compensability — award reduced when.In force
1. For permanent partial disability, which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with sections 287.170 and 287.180, respectively, the employer shall pay to the employee compensation computed at the weekly rate of compensation in effect under subsection 5 of this section on the date of the injury for which compensation is being made, which compensation shall be allowed for loss by severance, total loss of use, or proportionate loss of use of one or more of the members mentioned in the schedule of losses. 2. If the disability suffered in any of items (1) through (29) of the schedule of losses is total by reason of severance or complete loss of use thereof the number of weeks of compensation allowed in the schedule for such disability shall be increased by ten percent.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Maness v. City of De Soto (Missouri Court of Appeals 2014, 421 S.W.3d 532)“…l findings shall prevail over subjective medical findings.” Mo.Rev.Stat. § 287.190.6(2). “Objective medical findings are t…”
- Reinerd v. A.B. Chance Co. (Missouri Court of Appeals 1990, 800 S.W.2d 777)“…ng temporary total benefits on April 11, 1983. At that time § 287.190, RSMo 1981, provided a credit to the employer…”
- John F. Maness v. City of De Soto and Missouri Intergovernmental Risk Management Association, and Treasurer of Missouri as Custodian of the Second Injury Fund (Missouri Court of Appeals 2014)“…ngs shall prevail over subjective medical findings.” Mo. Rev. Stat. § 287.190.6(2). “Objective medical findings are…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 287.220Compensation and payment of compensation for disability — second injury fund created, services covered, actuarial studies required — failure of employer to insure, penalty — records open to public, when — concurrent employers, effect — priority of payment of liabilities of fund, exceptions.In force
1. There is hereby created in the state treasury a special fund to be known as the "Second Injury Fund" created exclusively for the purposes as in this section provided and for special weekly benefits in rehabilitation cases as provided in section 287.141. Maintenance of the second injury fund shall be as provided by section 287.710. The state treasurer shall be the custodian of the second injury fund which shall be deposited the same as are state funds and any interest accruing thereon shall be added thereto. The fund shall be subject to audit the same as state funds and accounts and shall be protected by the general bond given by the state treasurer. Upon the requisition of the director of the division of workers' compensation, warrants on the state treasurer for the payment of all amounts payable for compensation and benefits out of the second injury fund shall be issued.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 63 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Fletcher v. Second Injury Fund (Missouri Court of Appeals 1996, 922 S.W.2d 402)“…inding of partial permanent disability and determining that Section 287.220 RSMo 1993 should be applied retroactively. H…”
- Roby v. Tarlton Corp. (Missouri Court of Appeals 1987, 728 S.W.2d 586)“…nd is in contravention of the Second Injury Fund provision, § 287.220, RSMo (Cum. *588 Supp.1984). A…”
- Cartwright v. Wells Fargo Armored Services (Missouri Court of Appeals 1996, 921 S.W.2d 165)“…rmined that the threshold requirements set forth in amended section 287.220 RSMo (1993) were to be applied retrospective…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 287.010Citation of law.In force
This chapter shall be known as "The Workers' Compensation Law".
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Bethel v. Sunlight Janitor Service (Supreme Court of Missouri 1977, 551 S.W.2d 616)“…ion laws has been stated numerous times in varying ways. See 287.010, RSMo 1969, V.A.M.S., Notes of Decisions (1)…”
- Hawkins v. Emerson Electric Co. (Missouri Court of Appeals 1984, 676 S.W.2d 872)“…RSMo 1978, as amended (now “The Workers’ Compensation Law,” § 287.010, RSMo 1978, amended by Laws 1980, p. 361).…”
- Kloppenburg v. Queen Size Shoes, Inc. (Supreme Court of Missouri 1986, 704 S.W.2d 232)“…filed for compensation under the Workers’ Compensation Law § 287.010, RSMo 1978, et seq. Her claim was heard bef…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Missouri Division of Workers' Compensation(labor.mo.gov).gov
- Missouri Workers' Compensation Act, RSMo Ch. 287(revisor.mo.gov).gov
- RSMo 287.220 - Second injury fund; uninsured employer claims limited to injuries and deaths before January 1, 2014(revisor.mo.gov)
- RSMo 287.190 - Permanent partial disability; weekly maximum of 55% of the state average weekly wage(revisor.mo.gov)
- RSMo 287.170 - Temporary total disability; weekly maximum of 105% of the state average weekly wage(revisor.mo.gov)
- RSMo 287.280 - Employer failure to insure; employee may elect to sue for damages(revisor.mo.gov)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.