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Castle Law Office

Q
Is There a Deadline to File My Injury Report or Workers' Comp Claim?

A

For all workers’ comp claims you should report an injury or illness as soon as possible to avoid your claim being denied.

The time you have to report a claim varies by state, but you should notify your employer immediately. In Missouri, you must report your injury or illness within 30 days. Kansas is a little more complicated. The statute reads:

(A) 20 calendar days from the date of accident or the date of injury by repetitive trauma;

(B) if the employee is working for the employer against whom benefits are being sought and such employee seeks medical treatment for any injury by accident or repetitive trauma, 20 calendar days from the date such medical treatment is sought; or

(C) if the employee no longer works for the employer against whom benefits are being sought, 10 calendar days after the employee’s last day of actual work for the employer.

Depending on the state, the time will start running from the date of the accident, the date of the last medical treatment, or the date of the last payment of benefits.

In cases involving diseases such as lung cancer or toxic exposure, the time may start running from the date of the last exposure, date of appearance of the disease, or date that the disease was found on a test.

In any case, both states require written notification, which you can do via certified mail. Maintain records and ensure you've recorded every detail about the event's occurrence you can possibly recall. It will help you in making your case before a workers' comp board, if necessary.

To get help with your claim, call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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