Limitation begins to run, when
If someone tries to sue in a regular court (or under another state's workers' comp law) for a work injury or death, and the court throws out the case because the person was actually a worker covered under Missouri workers' comp law, that person still gets a chance to file a Missouri workers' comp claim. The clock for filing that claim starts from the day the first lawsuit was dropped or ended — as long as that first lawsuit was filed within two years of when the employer reported the injury or death, or within two years of the last payment made for the injury.
287.440. Limitation begins to , when. — Where recovery is denied to any person in a suit brought at law or in to recover in respect of bodily injury or death on the ground that the person was an employee and the was an employer subject to and within the meaning of this chapter, or when recovery is denied to any person in an brought under the of a law of any other state or on the ground that the person was an employee under and subject to the provisions of this chapter, the prescribed in section 287.430 shall begin to run from the date of the or abandonment of such suit or , when such suit or are filed within two years after the by the employer of the report of injury or death complained of, or in case payments have been made on account of the injury or death, within two years from the date of the last payment.
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Source & history notes
(L. 1941 p. 717 § 3727a, A.L. 1947 V. II p. 445, A.L. 1965 p. 419, A.L. 1980 H.B. 1396)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.