Statute of Limitations Overview
In Missouri, a workers' compensation claim must be filed within two years of the injury's date, or within one year of discovering a disease caused by employment, whichever occurs later. The deadline is strict; missing it usually bars recovery, though limited exceptions exist.
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Key Deadlines by Claim Type
Different injuries trigger distinct timing rules. The table below summarizes the primary limits.
| Injury Type | Filing Deadline | Notes |
|---|---|---|
| Acute traumatic injury | 2 years from injury date | Clock starts on the day of the accident. |
| Occupational disease | 1 year from discovery | Discovery means when the employee first knows the work caused the condition. |
| Delayed‑onset injury | 2 years from injury date | Even if symptoms appear later, the original accident date controls. |
Notice Requirements
Before filing a claim, the employee must give written notice to the employer within 30 days of the injury, unless the employer is unaware of the injury. Failure to provide timely notice can extend the limitation period, but only if the employer can prove they were unaware.
Exceptions That May Extend the Deadline
Missouri law provides limited tolling circumstances:
- Employer concealment: If the employer hides the injury or misclassifies the employee, the two‑year period may be tolled until the deception is discovered.
- Minor or incompetent claimant: For minors or those legally incapacitated, the clock pauses until they reach the age of majority or regain capacity.
- Military service: Active duty service can suspend the running of the limitations period.
Procedural Steps to Preserve Your Rights
1. Report the injury promptly and obtain written acknowledgment from the employer.2. Seek medical treatment and keep all records, as medical documentation supports the claim.3. File a claim with the Missouri Division of Workers' Compensation within the statutory window.4. If the deadline is missed, consult an attorney immediately to explore possible equitable tolling arguments.