Legal Question in Workers Comp in Missouri
Time restriants of taking your claim back to court.
My father was involved in a life threatening accident in a manufacturing food plant about 12 years ago, where it involved septic tanks. Where again, almost took his life and left him 15% disabled. I'm wanting to know is there a time restriant or limit on trying his case again?
1 Answer from Attorneys
Re: Time restriants of taking your claim back to court.
I will try to answer your question using Kansas law. I do not practice in Missouri nor am I familiar with its laws. Please understand that this answer does not create an attorney/client relationship between us or your father. This answer does not constitute legal advice.
Kansas would have jurisdiction if your father was injured here or hired here for the job on which he got hurt. Missouri might also have jurisdiction if he was injured or hired there.
In Kansas, your father must have an Application For Hearing on file with the office of the Director Of Workers Compensation within 3 years of the date of his injury or 2 years from the last payment of compensation or furnishing of authorized medical care. If your father has had authorized medical care or has had workers compensation benefits paid to him within the last two years, he would still have time to file the application. If not, his claim would appear to be barred unless he had an application on file within 3 years from the date of his accident. If your father ever hired an attorney to represent him in this claim, he needs to contact the attorney to see if proper filings were made. If he had an attorney and proper filings were not made, a legal malpractice claim may lie against that attorney and/or firm.
I hope this has been helpful to you. Jim Wright.