At The Gogel Law Firm, our St. Louis workers’ compensation attorney knows that workplace injuries are typically handled through the Missouri workers’ compensation system.
This system is designed to provide benefits to injured employees, covering medical expenses, a portion of lost wages, and rehabilitation costs. Workers’ compensation is generally considered the exclusive remedy for workplace injuries, meaning that employees usually cannot sue their employers for work-related injuries if they receive workers’ compensation benefits.
However, there are exceptions.
Exceptions to Missouri’s Workers’ Compensation Exclusivity
While workers’ compensation is the primary recourse, there are certain exceptions where an employee can sue their employer in Missouri.
They include:
- Intentional Harm: If the employer intentionally caused the injury, the injured employee may have grounds to file a lawsuit outside the workers’ compensation system. This requires proving that the employer’s actions were deliberate and intended to cause harm.
- Third-Party Claims: If a third party (someone other than your employer or a co-worker) is responsible for your injury, you may be able to file a lawsuit against that third party. For example, if a defective piece of machinery caused the injury, you might have a claim against the manufacturer.
- Non-Subscribers: In rare cases, if the employer does not carry workers’ compensation insurance as required by law, the employee may sue the employer directly for damages.
Can the Gogel Law Firm Help Employees File a Workers’ Compensation Claim in Missouri?
To pursue a workers’ compensation claim in Missouri, you must:
- Report the injury to your employer as soon as possible but no later than 30 days afterward.
- Seek medical treatment from an employer-approved healthcare provider.
If there is a dispute or delay in receiving benefits, our skilled St. Louis workers’ compensation attorney can help you navigate the complexities of dealing with insurance company representatives so you can focus on your recovery.
Our attorney can also evaluate whether exceptions apply to your case, potentially allowing you to pursue additional legal action against your employer or other parties.
Contact Our St. Louis Personal Injury Attorney Today
Contact our St. Louis workers’ compensation and personal injury attorney today to review your case by calling (314)-370-8173 or online to schedule a free consultation.
Our commitment is to win your case and empower you with the knowledge of your legal rights and options. We will evaluate your case, help you understand your legal rights and options, and meet any deadlines that will allow you to pursue the best outcome for your unique claim.
