Resolve Your Case (Claim)

If you believe that you have not received all benefits due to you and you have contacted your employer or the insurance company and the problem still has not been resolved, you may wish to;

Dispute Management Services

The Division’s Dispute Management Unit offers a voluntary alternative dispute resolution process to assist parties in attempting to resolve disputes without resorting to formal litigation. The process offered by the unit’s mediator begins with telephone consultations with the interested parties and usually occurs prior to the filing of a Claim for Compensation with the Division.

Mediation is a process in which a neutral person facilitates communication between the parties.  The mediator does not decide issues or impose a solution upon the parties, but rather helps the parties understand and work toward an agreed upon resolution of their dispute.

Conference

A conference is a proceeding before an administrative law judge held in cases where no claim for compensation has been filed. A conference is an opportunity for the injured worker to meet with the attorney for the employer/insurer, discuss the case, and attempt to resolve the case by settlement, if appropriate. A conference may be set by written request of a party by completing the Request for Conference, or it may be set at the discretion of the Division. A “Notice of Conference” is sent to the parties, notifying the parties of the date, time and place of the conference.

Conferences will be set within 120 days after the local adjudication office receives the request. If the request is received too late to be set on a docket scheduled within 120 days or if no dockets are schedules in that docket location for 120 days, the case shall be set on the next available docket.

For more information on settlements, please read Settling a Case.

When an Employee Files a Claim for Compensation

If a request for mediation is approved, it will be set within 120 days after the local adjudication office receives the request for mediation. If the request is received too late to be set on a docket scheduled within 120 days or if no dockets are schedules in that docket location for 120 days, the case shall be set on the next available docket.

A party may request a mediation when:

  1. There are issues that need to be resolved to move the case forward.
  2. One party has a final rating report and the opposing party has not, within a reasonable time frame, obtained a final rating report;
  3. Both parties have exchanged final reports, but the parties have been unable to reach a settlement agreement;
  4. Initial or additional medical treatment has been:
    1. Requested by the employee;
    2. Refused by the employer; and
    3. The employee has written medical evidence establishing the need for treatment and the relation between the alleged job-related injury and treatment prescribed. This type of request is automatically considered a hardship request; or
  5. Parties have been unable to resolve a Second Injury Fund claim and the employee possesses written medical reports or other records or reports relating to the claim.

Awards

More Information

For more information on the legal process and how our administrative law judges handle cases, please visit Docketing and Adjudication on this website.

DISCLAIMER - More Information

The Injured Workers section of the Workers' Compensation portion of this web site is targeted specifically to injured workers and is intended to be a resource throughout the workers' compensation claim process. It is NOT intended to be a substitute for legal representation.

Employers seeking information about the workers' compensation process and their responsibilities regarding workers' compensation should use the Employers section of the Workers' Compensation portion of this web site to find information targeted specifically to them.

Additional information about Missouri Workers' Compensation laws, the Division of Workers Compensation, the Second Injury Fund and more may be found via the Workers' Compensation home page.

Please keep in mind the information specialist cannot act as your legal counsel and cannot give you legal advice. The information specialist can provide you with general information but cannot advise you whether the settlement offer is appropriate for your injury.