A workplace injury can change the course of your day and, in some cases, your livelihood. Whether you work in one of the many factories and production facilities across Cape Girardeau, southeast Missouri or in any other setting, knowing how to respond is critical to your recovery ahead.
Taking the appropriate steps
Acting quickly is important for both your health and any future claim. Consider the following:
- Report the injury to your supervisor in writing as soon as possible
- Request medical attention through your employer
- Document what happened by taking photos, noting witness names and writing down details of the incident
Missouri law requires that you provide written notice to your employer within 30 days of the injury, though doing so sooner is generally in your best interest.
Knowing your rights under Missouri law
The state operates under a no-fault workers’ compensation system, which means you do not need to prove that the company was negligent to receive benefits. If you suffered an injury while performing duties related to your job, you may be eligible for medical treatment, temporary disability payments and other forms of recovery.
Your employer cannot retaliate against you for filing a workers’ comp claim. This includes termination, demotion or any other negative action taken because you exercised your legal right. If retaliation does occur, state law provides a separate avenue for addressing it.
It is worth noting these benefits are typically the exclusive remedy for workplace injuries. This means that in most situations, you cannot file a personal injury lawsuit for the same incident.
Finally, your boss is generally responsible for choosing the treating physician who will see to your injury. If you wish to seek a second opinion, you have the right to see a doctor of your own choosing, though that visit would typically be at your own expense.
Meeting the deadlines for your claim
Filing a claim involves specific deadlines that, if missed, can result in the loss of your right to benefits. For most workplace injury cases, you generally have two years from the date of the injury, or the date of the last compensation or medical payment made by your employer, to file.
Beyond this, you should be aware that the 30-day notice requirement to your employer is a separate obligation. Failing to report within that window does not automatically bar your claim, but it can create complications that are difficult to overcome later.
Once the case is filed with the Missouri Division of Workers’ Compensation, the process moves into stages that may include hearings, medical evaluations and settlement discussions. For this stage, it could help to have an attorney provide guidance on the various steps that you could take next.