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★ Missouri · workplace

Workplace settlements
in Missouri.

By Reviewed by Abd Shanti, Founder9 min read

Missouri pays temporary total disability at two thirds of the worker’s average weekly earnings, capped at 105 percent of the state average weekly wage, for up to 400 weeks. The Division resets the dollar maximum each July. Two cases show awards for future pain care and for a neck injury aggravating an old condition.

Facts that decide a workplace claim in Missouri

Temporary total disability66 2/3 percent of average weekly earnings, not more than 105 percent of the state average weekly wage, for up to 400 weeks.Mo. Rev. Stat. § 287.170
Deadline to sueFive years for an action “for any other injury to the person or rights of another, not arising on contract.”Mo. Rev. Stat. § 516.120(4)
Fault rulePure comparative fault: once the jury finds the defendant negligent, your own conduct reduces the award but cannot bar the claim entirely.Gustafson v. Benda, as quoted in Payne v. Fiesta Corp. (Mo. Ct. App. 2018)
united states · sister site
Your workplace claim in Missouri. See the number for your own case.

FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

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★ MO · reported workplace outcomes

What Missouri courts have awarded.

Real Missouri decisions and verdicts, each linked to the court record or official report.

  • Morris v. Captain D’s
    Missouri Court of Appeals · 2018
    Awards including future pain care affirmed

    James Morris, a 21 year employee with earlier knee, back and neck problems, was hurt in two work accidents in January 2007, a car crash and a slip and fall eleven days apart. He quit in May 2007, and the judge found him permanently and totally disabled. The employer challenged only the award of future pain management care, and the court affirmed.

  • Whiteley v. City of Poplar Bluff
    Missouri Court of Appeals · 2011
    $5,740.67 medical and 7.5% disability, affirmed

    Danny Whiteley, the Poplar Bluff police chief and a former professional bull rider, was 63 when he hurt his neck in a 2006 work accident. The Commission found the accident was a factor in causing his cervical spine condition and awarded $5,740.67 in past medical bills and 7.5 percent permanent partial disability to the body as a whole. The court affirmed.

★ MO · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Missouri.

  1. 1

    Future medical care, including pain management, can be awarded when the evidence supports it, as in Morris.

  2. 2

    A work accident need not be the only cause. Whiteley’s old injuries from bull riding did not defeat his neck claim.

  3. 3

    Check the Division’s maximum for your injury date; it changes every 1 July.

★ MO · statute of limitations
5 years for personal injury; 2 years for medical malpractice

Mo. Rev. Stat. § 516.120, § 516.105

★ MO · fault rule
Pure comparative negligence

Pure comparative negligence, Gustafson v. Benda (1983) abolished the contributory bar.

★ MO · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Missouri.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Missouri's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Missouri · you are herePure comparative negligence5 years for personal injury; 2 years for medical malpractice—
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · workplace →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · workplace →
OhioModified comparative, 51% bar2 years from date of injuryOH · workplace →
South DakotaSlight versus gross negligence3 years from date of injurySD · workplace →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · workplace →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · workplace →
New MexicoPure comparative negligence3 years from date of injuryNM · workplace →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · workplace →
Rhode IslandPure comparative negligence3 years from date of injuryRI · workplace →
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · workplace →
★ MO · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Missouri? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of MO
Missouri overview

Fault rule, statute, caps, and key facts for Missouri as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Missouri. See /methodology, /sources, and /disclaimer.