287.420. Written notice of injury to be given to employer--exceptions. - Missouri Statutes

Written notice of injury to be given to employer--exceptions.

287.420. No proceedings for compensation for any accident under thischapter shall be maintained unless written notice of the time, place andnature of the injury, and the name and address of the person injured, hasbeen given to the employer no later than thirty days after the accident,unless the employer was not prejudiced by failure to receive the notice.No proceedings for compensation for any occupational disease or repetitivetrauma under this chapter shall be maintained unless written notice of thetime, place, and nature of the injury, and the name and address of theperson injured, has been given to the employer no later than thirty daysafter the diagnosis of the condition unless the employee can prove theemployer was not prejudiced by failure to receive the notice.

(RSMo 1939 § 3726, A.L. 1965 p. 397, A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3336

(1955) Burden of showing notice of accident was given, or a legal excuse for not giving it, or that employer was not prejudiced by failure to give notice, is on claimant, and failure to establish such fact is fatal to the claim. Brown v. Douglas Candy Company (A.), 277 S.W.2d 657.

(1961) Where the employee's doctor called the employer within thirty days after the alleged accident and advised the employer's personnel director of the nature and scope of the injury and the fact that hospitalization was necessary, such conversation constituted notice to the employer within the meaning of the statute. Lawson v. Vendo Co. (A.), 353 S.W.2d 113.

(1962) Commission did not act in excess of its jurisdiction in giving award to claimant who failed to give written notice of injury to employer where commission found that employer had received actual notice and was not prejudiced by failure. Manning v. Manor Baking Co. (A.), 356 S.W.2d 505.

(1968) There is no provision in this statute exempting a minor from the requirement to give written notice to the employer of the accident. Klopstein v. Schroll House Moving Co. (A.), 425 S.W.2d 498.

(1972) Employee's contention that affirmative defense of failure of employer to give statutory notice of injury was waived by employer's failure to plead such defense in answer overruled since denial by the employer-insurer that they had been given statutory notice of injury made of record in the prehearing proceeding was a virtual and de facto amendment of their answer so as to raise that defense as a justiciable and controverted issue. Snow v. Hicks Brothers Chevrolet, Inc. (A.), 480 S.W.2d 97.

(1972) Where employer received timely written notice of injury to employee from employee's physician, employee's claim for compensation, although filed more than one year after last payment of compensation, was not barred since employer's failure to file report of injury until after claim for compensation had been filed tolled the running of limitations against employee. Snow v. Hicks Brothers Chevrolet, Inc. (A.), 480 S.W.2d 97.