The Missouri workers compensation act — formally the Missouri Workers’ Compensation Law (RSMo Chapter 287; historically called the “Workmen’s Compensation Act”), found at Revised Statutes of Missouri (RSMo) Chapter 287, Title XVIII (Labor and Industrial Relations) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Missouri workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Missouri at a Glance
| Official name | Workers’ Compensation Law (RSMo Chapter 287; historically called the “Workmen’s Compensation Act”) |
| Where it lives | Revised Statutes of Missouri (RSMo) Chapter 287, Title XVIII (Labor and Industrial Relations) |
| First enacted | 1926 (passed by the General Assembly and approved by voters as Issue 3 on November 2, 1926) |
| Reporting deadline | Written notice of the time, place and nature of the injury is due to the employer within 30 days of the accident (RSMo 287.420). A late notice does not bar the claim if the employer was not prejudiced by the delay. |
| Filing deadline | 2 years from the injury, death, or last payment of compensation. This becomes 3 years if the employer did not file the required report of injury under RSMo 287.380 (RSMo 287.430). |
| Exclusive remedy | RSMo 287.120.1 – workers’ comp is the exclusive remedy against the employer. Main exception: a co-employee can still be sued if that co-employee “engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.” |
In This Missouri Guide:
What the Missouri Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Missouri workers compensation act dates to 1926 (passed by the General Assembly and approved by voters as Issue 3 on November 2, 1926).
It lives at Revised Statutes of Missouri (RSMo) Chapter 287, Title XVIII (Labor and Industrial Relations), and the official text is linked in the sources. Under RSMo 287.170, a worker generally cannot receive temporary total disability for any period in which they apply for and receive unemployment compensation. Missouri also runs a Second Injury Fund (RSMo 287.220) for workers who had a preexisting disability.
Under RSMo 287.020.3, an accident must be “the prevailing factor” in causing the injury. Under RSMo 287.200.4, occupational diseases from toxic exposure, including mesothelioma, carry enhanced benefits. Confirm how any rule applies to your situation with the Division and a licensed attorney.
Who the Missouri Workers Compensation Act Covers
RSMo 287.030 and 287.120 – employers with 5 or more employees must carry coverage; construction-industry employers must carry it with 1 or more employees RSMo 287.090 – excludes farm labor, domestic servants in a private home, family chauffeurs, and certain qualified real estate agents, among other listed exclusions
Deadlines in the Missouri Workers Compensation Act
Waiting period: RSMo 287.160 – 3-day waiting period. The first 3 days are paid if the disability lasts more than 14 days.. Wage-loss rate: RSMo 287.170 – temporary total disability pays 66 2/3 percent of the worker’s average weekly earnings, up to the state maximum. The maximum changes every year; check the Division’s current-year rate chart. TTD is capped at 400 weeks..
Missouri Workers Compensation Act: Key Sections at a Glance
The sections of the Missouri workers compensation act that decide most cases, each with its citation:
| Coverage mandate | RSMo 287.030 and 287.120 – employers with 5 or more employees must carry coverage; construction-industry employers must carry it with 1 or more employees |
| Exemptions | RSMo 287.090 – excludes farm labor, domestic servants in a private home, family chauffeurs, and certain qualified real estate agents, among other listed exclusions |
| Report an injury | Written notice of the time, place and nature of the injury is due to the employer within 30 days of the accident (RSMo 287.420). A late notice does not bar the claim if the employer was not prejudiced by the delay. |
| File a claim | 2 years from the injury, death, or last payment of compensation. This becomes 3 years if the employer did not file the required report of injury under RSMo 287.380 (RSMo 287.430). |
| Waiting period | RSMo 287.160 – 3-day waiting period. The first 3 days are paid if the disability lasts more than 14 days. |
| Wage-loss rate | RSMo 287.170 – temporary total disability pays 66 2/3 percent of the worker’s average weekly earnings, up to the state maximum. The maximum changes every year; check the Division’s current-year rate chart. TTD is capped at 400 weeks. |
| Exclusive remedy | RSMo 287.120.1 – workers’ comp is the exclusive remedy against the employer. Main exception: a co-employee can still be sued if that co-employee “engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.” |
| Retaliation | RSMo 287.780 – an employer may not fire or discriminate against a worker for exercising rights under Chapter 287 when doing so is “the motivating factor” (standard set by SB 66, effective August 28, 2017). The worker may bring a civil action for damages in circuit court. |
| Uninsured employer penalty | RSMo 287.128 – an employer who knowingly fails to insure commits a class A misdemeanor (a subsequent offense is a class E felony). The employer is also liable for a penalty of up to 3 times the annual premium or up to 50000, whichever is greater. |
| Who hears disputes | RSMo 287.460 – Division of Workers’ Compensation administrative law judges hear and decide disputed claims. RSMo 287.480 – a party may seek review by the Labor and Industrial Relations Commission. RSMo 287.495 – appeal from the Commission goes to the Missouri Court of Appeals. |
The Exclusive-Remedy Bargain in the Missouri Workers Compensation Act
RSMo 287.120.1 – workers’ comp is the exclusive remedy against the employer. Main exception: a co-employee can still be sued if that co-employee “engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.”
Retaliation and Penalties Under the Missouri Workers Compensation Act
RSMo 287.780 – an employer may not fire or discriminate against a worker for exercising rights under Chapter 287 when doing so is “the motivating factor” (standard set by SB 66, effective August 28, 2017). The worker may bring a civil action for damages in circuit court. RSMo 287.128 – an employer who knowingly fails to insure commits a class A misdemeanor (a subsequent offense is a class E felony).
The employer is also liable for a penalty of up to 3 times the annual premium or up to 50000, whichever is greater. RSMo 287.460 – Division of Workers’ Compensation administrative law judges hear and decide disputed claims. RSMo 287.480 – a party may seek review by the Labor and Industrial Relations Commission. RSMo 287.495 – appeal from the Commission goes to the Missouri Court of Appeals.
Recent Amendments to the Missouri Workers Compensation Act
No amendment to the Missouri workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
How to Read the Missouri Workers Compensation Act
Statute pages are written for lawyers, so read the Missouri workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Missouri workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Missouri claim guide turns these sections into steps and dates, and the Missouri requirements guide covers the employer side.
Frequently Asked Questions
Where is the Missouri workers compensation act in the code?
Revised Statutes of Missouri (RSMo) Chapter 287, Title XVIII (Labor and Industrial Relations). The sources below link to the official text.
How long do I have to report a work injury under the Missouri act?
Written notice of the time, place and nature of the injury is due to the employer within 30 days of the accident (RSMo 287.420). A late notice does not bar the claim if the employer was not prejudiced by the delay.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Missouri workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Missouri Sources & Resources
- Missouri Missouri Department of Labor and Industrial Relations, Division of Workers’ Compensation. Appeals go to the Labor and Industrial Relations Commission.: https://labor.mo.gov/dwc
- Missouri Workers’ Comp Statute: https://revisor.mo.gov/main/OneChapter.aspx?chapter=287
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Missouri workers compensation act guide was last verified against official Missouri sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More Missouri Workers’ Comp Guides
- How to File a Missouri Workers’ Comp Claim
- Missouri Workers’ Comp Settlements
- Missouri Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.