After a work accident, you have the right to report your injury, receive medical treatment, file a workers’ compensation claim, and, in some cases, pursue additional compensation through a third-party personal injury claim. These rights are protected under Missouri law and are designed to help injured workers recover physically, emotionally, and financially.
Understanding these rights can make the difference between receiving fair support or being left to deal with the aftermath on your own. A Kansas City work accident lawyer can help clarify what benefits you’re entitled to, especially when employers or insurance companies try to minimize your claim.
The Right to Report Your Injury
Missouri workers have a legal right to report a job-related injury or illness, and they should do so as soon as possible after the incident occurs. If you’re wondering what your rights are after getting hurt at work, one of the most important is the right to notify your employer and begin the claims process.
Under state law, you must report the injury within 30 days. Failing to do so could jeopardize your access to workers’ compensation benefits.
- What this means: You don’t need to wait until your injury becomes severe. Even if you think it’s minor, reporting early protects your rights.
- How to report: Notifications can be verbal or written, but written documentation (email, text, or letter) is always best to create a record.
Employers are legally prohibited from retaliating against you for reporting a workplace injury.
The Right to Medical Care
You have the right to receive medical treatment for injuries sustained on the job. One of the most common questions we hear is, “I had an accident at work, what are my rights?” In Missouri, that includes the right to care—but it also comes with specific rules about how that care is provided.
Employers typically select the doctor or clinic you must visit for treatment under workers’ compensation coverage:
- Authorized providers: Your employer’s insurance may only cover visits to certain medical providers. If you see someone else without approval, you could be responsible for the bill.
- Emergency exceptions: In cases of serious or life-threatening injuries, you can seek immediate care from any provider.
If your treatment is denied or delayed, you have the right to challenge those decisions through the workers’ comp system.
Contact our Kansas city personal injury lawyers now.
The Right to File a Workers’ Compensation Claim
Employees in Missouri have the right to file a workers’ compensation claim, which can provide benefits for injured workers, including:
- Coverage for medical treatment: Including hospital visits, surgery, medication, and follow-up care
- Temporary total disability (TTD): If you can’t return to work while recovering
- Temporary partial disability (TPD): If you’re able to return to work in a limited capacity
- Permanent disability benefits: For long-term or permanent injuries that affect your ability to work
- Death benefits: Available to surviving family members if the worker dies as a result of the injury
Your employer or their insurer is not allowed to deny you access to the claims process. If your claim is denied or mishandled, you can file an appeal with the Missouri Division of Workers’ Compensation.
The Right to Legal Representation
Your rights after a workplace accident include the right to hire an attorney to represent you throughout the claims process. While it’s not legally required, many injured workers find that having legal support makes a difficult time more manageable. We help clients:
- File proper documentation: Submitting accurate, timely claims paperwork
- Communicate with insurers and doctors: Coordinating benefits and treatment
- Negotiate settlements: Ensuring you receive fair compensation
- Prepare for hearings if needed: Representing you when disputes arise
The workers’ compensation process can be complicated, especially when you’re focused on recovering. Having an attorney on your side can help protect your rights from day one.
The Right to Refuse Unsafe Work
After an injury—or if you feel unsafe returning to work—you have the right to raise concerns. Employers cannot force injured workers to return before they’ve been medically cleared or retaliate against employees who report hazardous conditions.
If you’re being pressured to return before you’re ready or assigned duties that could worsen your injury, you may be entitled to additional legal protections under workplace safety laws.
The Right to Pursue a Third-Party Lawsuit
Workers’ compensation laws prevent employees from suing their employer directly in most cases. However, if a third party contributed to the accident, you may have the right to file a personal injury claim against them. Common third-party liability examples include:
- Defective machinery: Manufacturers can be held accountable if their equipment caused your injury
- Negligent contractors: On construction sites or shared job sites
- Vehicle accidents: If you were injured while driving for work and another driver was at fault
A third-party claim may provide compensation for pain and suffering, loss of future income, and other damages not covered by workers’ compensation.
The Right to Privacy and Respect
Every injured worker deserves to be treated with dignity. You have the right to:
- Receive confidential care and legal advice
- Be free from harassment or discrimination after filing a claim
- Have your injury taken seriously, even if it’s not visibly severe
If you’re being mistreated at work after your injury—or feel your claim is not being handled appropriately—don’t ignore it. Those are red flags that your rights may be at risk.
Supporting Missouri Workers Every Step of the Way
Knowing your rights after a work accident is essential—but enforcing them is just as important. At Foster Wallace, we’ve spent decades helping injured workers throughout Missouri understand their legal options and recover the compensation they deserve.
With more than 45 years of combined experience and over $1 billion recovered, our Kansas City-based injury law firm is committed to protecting the interests of workers facing medical bills, lost wages, and employer resistance. We take the time to listen, explain, and take action—so you don’t have to go through it alone.
If you’ve been injured on the job and have questions about your next step, we’re here to help you move forward with clarity and confidence.
