Missouri Revised Statutes

Mo. Rev. Stat. § 287.380 (2026)

Employer or insurer to make report to division, requirements

✓ current as of May 2026

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287.380. Employer or insurer to make report to division, requirements — information not to be disclosed — failure to report, penalty. — 1. Every employer or his insurer in this state, whether he has accepted or rejected the provisions of this chapter, shall within thirty days after knowledge of the injury, file with the division under such rules and regulations and in such form and detail as the division may require, a full and complete report of every injury or death to any employee for which the employer would be liable to furnish medical aid, other than immediate first aid which does not result in further medical treatment or lost time from work, or compensation hereunder had he accepted this chapter, and every employer or insurer shall also furnish the division with such supplemental reports in regard thereto as the division shall require. All reports submitted under this subsection shall include the name, address, date of birth and wages of the deceased or injured employee, the time and cause of the accident, the nature and extent of the injury, the name and address of the employee's and the employer's or insurer's attorney of record, if any, the medical cost incurred in treating the injured employee, the amount of lost work time of the employee as a result of the injury and such other information as the director may reasonably require in order to maintain in the division, accurate and complete data on the impact of work-related injuries on the workers' compensation system. The division shall collect and maintain such data in such a form as to be readily retrieved and available for analysis by the division. Employers shall report all injuries to their insurance carrier, or third-party administrators, if applicable, within five days of the date of the injury or within five days of the date on which the injury was reported to the employer by the employee, whichever is later. Where an employer reports injuries covered pursuant to this chapter to his insurer or third-party administrator, the insurer or third-party administrator shall be responsible for filing the report prescribed in this section.

2. Every employer and his insurer, and every injured employee, his dependents and every person entitled to any rights hereunder, and every other person receiving from the division or the commission any blank reports with direction to fill out the same shall cause the same to be promptly returned to the division or the commission properly filled out and signed so as to answer fully and correctly to the best of his knowledge each question propounded therein, and a good and sufficient reason shall be given for failure to answer any question.

3. No information obtained under the provisions of this section shall be disclosed to persons other than the parties to compensation proceedings and their attorneys, except by order of the division or the commission, or at a hearing of compensation proceeding, but such information may be used by the division or the commission for statistical purposes.

4. Any person, including any employer, insurer or any employee, who violates any of the provisions of this section, including any employer or insurer who knowingly fails to report any accident under the provisions of subsection 1 of this section, or anyone who knowingly makes a false report or statement in writing to the division or the commission, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than one week nor more than one year, or by both the fine and imprisonment.

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(RSMo 1939 § 3722, A.L. 1965 p. 397, A.L. 1980 H.B. 1396, A.L. 1983 H.B. 243 & 260, A.L. 1992 H.B. 975, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3332

(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.

Notes of Decisions

Cited in 35 cases, 1965–2020 · leading case: DeRousse v. PPG Indus., Inc., 598 S.W.2d 106 (Mo. 1980).

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DeRousse v. PPG Indus., Inc., 598 S.W.2d 106 (Mo. 1980). · cites it 45× “The case raises the question whether the employer’s failure to file the report of injury required by § 287.380, RSMo 1978, operates to toll the running of the one year limitations period on workmen’s compensation claims provided in § 287.”

Daniel Small v. Red Simpson, Inc., 484 S.W.3d 341 (Mo. Ct. App. 2015). · cites it 16× “was not required to file a Report of'Injury pursuant to § 287.380 RSMo., and, therefore, only applied a two-year statute of limitations.”

Snow v. Hicks Bros. Chevrolet, Inc., 480 S.W.2d 97 (Mo. Ct. App. 1972). · cites it 17× “Furthermore (appellants continue in argument) whereas by the provisions of this statute of limitations an employer’s failure to file a report of injury as required by section 287.380, V.A.M.S., has the effect of tolling limitations, by its terms the statute is not tolled in…”

Ming v. Gen. Motors Corp., 130 S.W.3d 665 (Mo. Ct. App. 2004). · cites it 7× “Norfolk paid for certain medical attention; GM did not provide any medical benefits and did not file a report of injury as required by section 287.380 RSMo 2000. 1 Ming filed a Federal Employers’ Liability Act claim against Norfolk in 1993 and amended the petition to add a…”

Weniger v. Pulitzer Publ'g Co., 860 S.W.2d 359 (Mo. Ct. App. 1993). · cites it 7× “§ 287.380 RSMo 1986. If the employer fails to file the report of injury as required by § 287.”

Gander v. Shelby Cnty., 933 S.W.2d 892 (Mo. Ct. App. 1996). · cites it 8× “Claimant argues that the substantial and competent evidence demonstrated that employer had actual notice of his injury from the local newspaper and other county employees and, therefore was not prejudiced by claimant’s failure to comply with the written notice requirement.”

Putnam v. Stix, Baer & Fuller, 795 S.W.2d 620 (Mo. Ct. App. 1990). · cites it 11× “1981, applies because employer did not file a report of the injury as required by § 287.380, RSMo 1981; therefore, his claim was timely filed.”

Arie v. Intertherm, Inc., 648 S.W.2d 142 (Mo. Ct. App. 1983). · cites it 2× “Since Inter-therm offered this evidence for the purpose stated, it was totally irrelevant and properly excluded. We hold the trial court did not err in either instance as claimed by Intertherm.”

Elrod v. Treasurer of Missouri as Custodian of the Second Injury Fund, 138 S.W.3d 714 (Mo. 2004). · cites it 2× “ainst the second injury fund, no proceedings for compensation under this chapter shall be maintained unless a claim therefor is filed with the division within two years after the date of injury or death, or the last payment made under this chapter on account of the injury or…”

Brown v. Ozark Christian Schs. of Neosho, 847 S.W.2d 888 (Mo. Ct. App. 1993). · cites it 9× “within two years after the date of injury or death, or the last payment made under this chapter on account of the injury or death; provided, however, that if the report of the injury or the death is not filed by the employer as required by section 287.380, the claim for…”

Lawrence v. Anheuser Busch Companies, Inc., 310 S.W.3d 248 (Mo. Ct. App. 2010). · cites it 2× “provides, in pertinent part: no proceedings for compensation under this chapter shall be maintained unless a claim therefor is filed with the division within two years after the date of injury or death, or the last payment made under this chapter on account of the injury or…”

Moreland v. Eagle Picher Tech., LLC, 362 S.W.3d 491 (Mo. Ct. App. 2012). · cites it 4× “430 requires claims for compensation to be filed within two years after the date of injury, except that if the report of the injury or the death is not filed by the employer as required by section 287.380, the claim for compensation may be filed within three years after the date…”

Show all 35 citing cases →

— Mo. Rev. Stat. § 287.380(1) — 3 cases

DeRousse v. PPG Indus., Inc., 598 S.W.2d 106 (Mo. 1980). “The case raises the question whether the employer’s failure to file the report of injury required by § 287.380, RSMo 1978, operates to toll the running of the one year limitations period on workmen’s compensation claims provided in § 287.”

Snow v. Hicks Bros. Chevrolet, Inc., 480 S.W.2d 97 (Mo. Ct. App. 1972). “Furthermore (appellants continue in argument) whereas by the provisions of this statute of limitations an employer’s failure to file a report of injury as required by section 287.380, V.A.M.S., has the effect of tolling limitations, by its terms the statute is not tolled in…”

Cotton v. Voss Truck Lines, Inc., 392 S.W.2d 428 (Mo. Ct. App. 1965).

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