Limitation as to action, exception
If a worker gets hurt on the job or dies from a work injury, a claim for workers' compensation must be filed within two years of the injury, death, or last payment received. If the employer never properly reported the injury, the worker gets three years instead of two. A claim against the second injury fund must be filed within two years of the injury or within one year after filing a claim against the employer, whichever gives more time.
287.430. Limitation as to , . — Except for a for recovery filed against the , no proceedings for under this chapter shall be maintained unless a claim therefor is filed with the within two years after the date of injury or death, or the last payment made under this chapter on account of the injury or death, except that if the report of the injury or the death is not filed by the employer as required by section 287.380, the claim for compensation may be filed within three years after the date of injury, death, or last payment made under this chapter on account of the injury or death. The of any form, report, receipt, or agreement, other than a claim for compensation, shall not the ning of the periods of limitation provided in this section. The filing of the report of injury or death three years or more after the date of injury, death, or last payment made under this chapter on account of the injury or death, shall not toll the running of the periods of limitation provided in this section, nor shall such filing reactivate or the period of time in which a claim may be filed. A claim against the second injury fund shall be filed within two years after the date of the injury or within one year after a claim is filed against an employer or this chapter, whichever is later. In all other respects the limitations shall be governed by the law of other than for the recovery of , but the appointment of a shall be the of the from minority or as defined in chapter 475. The contained in this section is one of and not of .
(RSMo 1939 § 3727, A.L. 1941 p. 718, A.L. 1947 V. II p. 448, A.L. 1965 pp. 397, 419, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 975, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al.)
Prior revision: 1929 § 3337
(1965) There is no legislative intent expressed in this section to extinguish completely a workmen's compensation claim if not filed within the period provided by the statute. Welborn v. Southern Equipment Company (Mo.), 395 S.W.2d 119.
(1966) While the furnishing of an elastic bandage by the employer's nurse constituted medical aid to relieve from the of injury, the mere wearing of that elastic bandage did not toll the statute of limitations while wearing the bandage. Morgan v. Krey Packing Co. (A.), 403 S.W.2d 668.
(1967) The word "treatment" does not include mere physical examination or mere . Bryant v. Montgomery & Co. (A.), 416 S.W.2d 195.
(1968) The limitation period does not begin to run until it becomes reasonably discoverable and apparent that a has been . Williams v. S.N. Long Warehouse Co. (A.), 426 S.W.2d 725.
(1976) Held, advice to treat ankle with "warm soaks" constituted "medical treatment" and that such treatment constituted "payment" sufficient to toll statute of limitations. Faries v. ACF Industries, Inc. (A.), 531 S.W.2d 93.
(2002) Use of term "extinction" indicates legislative intent that the two-year limitation is and rather than and waivable. Marston v. Juvenile Justice Center, 88 S.W.3d 534 (Mo.App.W.D.).
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