Detailed Answer
When you file a lost wage claim with the Missouri Division of Workers’ Compensation, you must name the correct legal entity that employs you. Using only a trade name or d/b/a can lead to delays or even dismissal of your claim. Missouri law requires that all parties in a claim appear under their true legal names to ensure proper service and jurisdiction. See RSMo §287.170 for reporting requirements and RSMo §287.200 for compensation standards.
1. Identify the Employer’s Legal Name
Start by checking the Missouri Secretary of State’s business database. You can search a business by its d/b/a or trade name and find its registered legal name and entity type (corporation, LLC, partnership, etc.). Visit Missouri Business Entity Search.
2. Confirm Through Insurance Records
Review your employer’s workers’ compensation insurance policy or the Division’s Form 1 (Employer’s Report of Injury). Insurers list the precise legal name of the insured entity. This step can prevent mismatches between claim forms and insurance records.
3. Draft the Claim Naming the Entity Correctly
On your Division of Workers’ Compensation Claim for Benefits (Form 14), enter the legal name exactly as it appears in official records. If you also want to note the trade name, you can add “(trading as [DBA name])” in parentheses immediately after the legal name.
4. File and Serve Properly
File your claim with the Division and serve a copy on both the legal entity and the trade name address if different. Proper service ensures the Division can enforce deadlines under RSMo §287.380.
5. Correcting a Filing Error
If you already filed under the wrong name, you can amend your claim. Missouri procedure allows you to correct party names by filing a motion to amend the caption. File the motion with your Division claim manager and serve the amended claim upon the correct entity.
Helpful Hints
- Always double-check the spelling and entity type (e.g., Inc., LLC) against state records.
- Keep copies of the Secretary of State print-out or insurance declarations as proof of the legal name.
- If your employer uses multiple DBAs, list the primary trade name after the legal name in your claim.
- Include statutory citations when you file your claim to demonstrate familiarity with RSMo §287.170 and §287.200.
- Consult the Division of Workers’ Compensation’s website for the latest Form 14 instructions.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.