When Missouri workers are hurt on the job, their first source of recovery is usually workers’ compensation. This system provides medical care and partial wage replacement without requiring proof of fault or negligence. However, workers’ compensation benefits are limited. They do not cover pain and suffering, loss of future earning potential, or other damages available in personal injury cases. In certain situations, injured employees may also pursue a third-party claim against someone other than their employer to recover full compensation.
What is a Third-Party Injury Claim in Missouri?
A third-party claim arises when someone other than your employer or co-worker is responsible for your workplace injury. Unlike workers’ compensation, which is a no-fault system, a third-party claim is a personal injury lawsuit where you must prove negligence. These claims enable workers to seek damages that exceed the limits of workers’ compensation, including pain and suffering, future medical expenses, and total wage loss.
Common Situations Where Third-Party Claims Apply
Not every workplace accident qualifies for a third-party claim. They usually come into play when outside individuals or companies contribute to the dangerous conditions that caused the injury.
Examples include:
- Construction Site Accidents: Injuries caused by subcontractors, general contractors, or equipment operators not directly employed by your company.
- Defective Products: Faulty machinery, tools, or safety equipment that cause injuries may lead to a claim against the manufacturer.
- Dangerous Premises: If a worker is injured while performing job duties on property owned by someone else, the property owner may be liable.
- Motor Vehicle Accidents: Delivery drivers or employees traveling for work who are involved in an accident with a negligent driver can pursue claims against the at-fault motorist.
- Toxic Exposure: Third-party manufacturers or suppliers of hazardous chemicals may be held accountable for unsafe substances used in the workplace.
These cases often overlap with workers’ compensation, creating a dual path for recovery.
How Do Third-Party Claims Work with Workers’ Compensation?
In Missouri, workers can collect workers’ compensation benefits while pursuing a claim against a third party. However, there are rules governing their interaction. The workers’ compensation insurer may assert a lien on part of the recovery from the third-party claim to prevent double recovery of the same expenses. Even with the lien, employees often still come out ahead because third-party lawsuits allow for damages that workers’ compensation does not provide, such as non-economic damages.
Why Third-Party Claims Are More Complex
Third-party claims involve additional legal challenges compared to workers’ compensation cases. They require investigation, collection of evidence, and often expert testimony to prove negligence and damages. These cases may also involve multiple parties, such as contractors, property owners, and manufacturers, each of whom may try to shift blame. Successfully pursuing these claims requires both knowledge of Missouri workers’ compensation law and experience handling complex personal injury litigation.
How an Experienced Attorney Can Help
Navigating both workers’ compensation and third-party claims can be overwhelming for injured workers. Our experienced St. Louis personal injury attorney can determine whether a third-party claim exists, coordinate benefits between the two systems, and maximize the overall recovery. By investigating all sources of liability, we can ensure you are not left with only partial compensation when another party’s negligence contributed to your injury.
Contact The Gogel Law Firm Today
If you have been hurt in a workplace accident in Missouri, you may have more options than workers’ compensation alone. Our St. Louis personal injury attorney at the Gogel Law Firm can evaluate your case, identify potential third-party claims, and fight to secure the full financial recovery you deserve.
Contact us at (314) 742-3147 or online today to discuss your claim during a free consultation.
