Written notice of injury to be given to employer
If a worker gets hurt on the job, they need to give their employer written notice within 30 days. The notice must say when and where the injury happened, what the injury is, and the worker's name and address. For a sudden accident, the deadline is 30 days after it happens. For a long-term illness or repeated strain injury, the deadline is 30 days after a doctor diagnoses it. Missing the deadline does not automatically end the case if the employer was not harmed by not getting the notice on time.
287.420. Written notice of injury to be given to employer — exceptions. — No s for for any accident under this chapter shall be maintained unless written notice of the time, place and nature of the injury, and the name and address of the person injured, has been given to the employer no later than thirty days after the accident, unless the employer was not by failure to receive the notice. No proceedings for compensation for any or under this chapter shall be maintained unless written notice of the time, place, and nature of the injury, and the name and address of the person injured, has been given to the employer no later than thirty days after the of the condition unless the employee can prove the employer was not prejudiced by failure to receive the notice.
(RSMo 1939 § 3726, A.L. 1965 p. 397, A.L. 2005 S.B. 1 & 130)
Prior revision: 1929 § 3336
(1955) notice of accident was given, or a legal excuse for not giving it, or that employer was not prejudiced by failure to give notice, is on , and failure to establish such fact is fatal to the . Brown v. Douglas Candy Company (A.), 277 S.W.2d 657.
(1961) Where the employee's doctor called the employer within thirty days after the alleged accident and advised the employer's personnel of the nature and scope of the injury and the fact that hospitalization was necessary, such conversation constituted notice to the employer within the meaning of the statute. Lawson v. Vendo Co. (A.), 353 S.W.2d 113.
(1962) did not act in excess of its in giving to claimant who failed to give written notice of injury to employer where commission found that employer had received and was not prejudiced by failure. Manning v. Manor Baking Co. (A.), 356 S.W.2d 505.
(1968) There is no in this statute exempting a from the requirement to give written notice to the employer of the accident. Klopstein v. Schroll House Moving Co. (A.), 425 S.W.2d 498.
(1972) Employee's contention that of failure of employer to give statutory notice of injury was by employer's failure to such in overruled since by the employer- that they had been given statutory notice of injury made of in the prehearing proceeding was a virtual and de facto amendment of their answer so as to raise that defense as a justiciable and controverted . Snow v. Hicks Brothers Chevrolet, Inc. (A.), 480 S.W.2d 97.
(1972) Where employer received timely written notice of injury to employee from employee's physician, employee's claim for compensation, although filed more than one year after last payment of compensation, was not since employer's failure to file report of injury until after claim for compensation had been filed the running of limitations against employee. Snow v. Hicks Brothers Chevrolet, Inc. (A.), 480 S.W.2d 97.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.