Injured at work? Know your rights and how to report workplace hazards in Kansas City

Federal labor laws entitle you to a safe workplace — but injuries can still occur if these standards aren’t followed.

The two main ways you can seek retribution for a workplace injury are through accessing workers’ compensation and reporting your workplace for unsafe conditions.

The former can get you money to cover medical expenses and possible disability payments, while the latter can hold your employer accountable for creating a safe work environment.

Here’s what to know about workers’ compensation and workplace safety in Missouri.

What should I do if I get injured at work in Missouri?

If you are injured at work, notify your employer in writing immediately. If you don’t do so within 30 days of the injury, it may be harder to access workers’ compensation payments.

These payments are the only remedy Missourians have access to when injured on the job, Kansas City labor lawyer and former U.S. attorney for Kansas Barry Grissom told The Star.

Your written notice must state the date, time and place of the injury, the nature of the injury and the name and address of the person injured. Here’s an example of what this report should look like. Keep a copy for your records, and note who you gave the notice to and when.

If you want to, you can also inform the federal Occupational Safety and Health Administration (OSHA) about an injury you experienced at work. This won’t get you any sort of monetary settlement, but it may force your employer to fix the safety hazards at your workplace.

“You’re free to make a complaint to OSHA if you think you were placed in an unsafe position that caused your injury,” said Grissom, who specializes in working with victims of workplace injuries.

“If I want to report this to OSHA, because I don’t want anyone else in my group to suffer my same fate, you can go ahead and report it (to them) as well.”

What does my employer have to do when I report a workplace injury?

Once you report your injury, your employer must report it to the state unless it is a minor injury that can be resolved with first aid. Employers also need to inform OSHA about serious injuries like hospitalizations, amputations, the loss of an eye or a fatality.

In Missouri, your employer or their insurance company is required to pay for the medical expenses needed to resolve your injury. The employer gets to choose the healthcare provider for this care, but may let you see your own doctor.

After your injury has been treated, your employer may be required to give you additional benefits like lost wages or disability payments. Learn more about these benefits here. However, they are unlikely to equal the full amount you were making on the job.

“As I tell my clients (throughout) my representation, workers’ compensation does not adequately compensate workers,” Grisson said. “The purpose of workers’ compensation is to get you mended and back at the job.”

Does my employer have to offer workman’s comp?

Employers in Missouri with more than five employees need to have workers’ compensation insurance — and those in the construction industry need it if they have one or more employees. However, workers’ compensation laws don’t apply to farm workers, domestic workers, real estate agents, volunteers, and a few other types of workers.

If your employer doesn’t have proper workers’ compensation insurance in place, you can report them using this form. You can stay anonymous if you want to.

According to Missouri law, employers cannot fire or discriminate against employees for exercising their workers’ compensation rights.

How do I report an unsafe work environment?

If you work for a private company, the safety of your workplace is regulated by OSHA. To report an unsafe workplace, you can call the Kansas City area OSHA office at 816-483-9531. You can also fill out a complaint form online here.

It’s illegal for your employer to fire, demote or retaliate against you for reporting an unsafe working environment to OSHA. If you feel you’ve been retaliated against, you can file a whistleblower complaint here.

If you work for a government entity in Missouri, your workplace safety is governed by the state’s Department of Labor. If you’re concerned about the health or safety conditions at your workplace, you can fill out a Workplace Safety Complaint Form here.

You are allowed to remain anonymous when making a safety complaint to the state, and your employer cannot retaliate against you for doing so.

“Missouri and Kansas both have labor laws that protect employees from retaliation for bringing unsafe conditions to the attention of the employer… or to the attention of the state,” Grissom said.

Do you have more questions about workplace safety laws in Missouri or Kansas? Ask the Service Journalism team at kcq@kcstar.com.