About Missouri Work Injury Cases
THE INTERPLAY BETWEEN MISSOURI WORKERS’ COMPENSATON LAW AND PERSONAL INJURY CLAIMS
Can You Pursue a Personal Injury Claim If Your Employer Provides Workers’ Compensation Benefits, And Your On-The-Job Injury Resulted from the Negligence of Your Employer And / Or A Co-Worker?
Probably not. Any Missouri employer with five or more full-time or part-time employees is required to provide Missouri Workers’ Compensation benefits. In addition, Missouri construction industry employers are required to provide these benefits regardless of the number of employees. You will probably need to go through the Missouri Workers’ Compensation Law system if you were injured due to your employer’s negligence or a co-worker’s negligence and your employer falls into one of the above categories.
Remember: You can determine if your employer has workers’ compensation coverage by contacting the Missouri Division of Workers’ Compensation and/or the Missouri Division of Insurance.
Also, keep in mind: If your employer has five or more employees or is in the construction industry and fails to obtain Workers Compensation’ coverage as required, you may be able to select between seeking benefits under Workers’ Compensation (Second Injury Fund) OR pursuing an action in civil courts.
How Our Attorneys Can Assist You
Mullen & Mullen Law Firm has advocated for numerous clients injured on the job when their employers failed to provide Workers’ Compensation coverage for its employees. Our attorneys routinely work with skilled accident investigators, safety experts, and OSHA Experts and are prepared to establish liability against employers who fail to meet the requirements of Chapter 287 of the Revised Statutes of Missouri. These types of cases require strategic planning, and Mullen & Mullen can provide you with the advantage you need to be successful. Also, remember that our firm routinely assists employees who were injured at work due to the negligence of a third-party company or individual as described in more detail below.
Are There Scenarios Where You Can Pursue a Personal Injury Case Even If Your Employer Does Provide Missouri Workers’ Compensation Benefits?
Yes. For instance, if you sustained injuries at work or during the course and scope of your employment due to the negligence of someone other than your employer or co-worker, you retain the right to seek personal injury damages against the negligent third-party or company.
What Are Some Examples Illustrating the Impact of Subscriber Vs. Non-Subscriber Status On Your Claim?
Example 1
You work as a delivery driver for a company with 20 employees that provides Missouri Workers’ Compensation benefits to employees. While making a delivery in a company van, you are rear-ended by a negligent driver. You are eligible to file a Workers’ Compensation Claim because your injuries occurred during the course and scope of your employment. Additionally, you can file a personal injury claim against the at-fault driver as your injuries resulted from the negligence of a third party.
Example 2
You operate a forklift in a warehouse for a company that employees 50 people and subscribes to the Missouri Workers’ Compensation Act. A co-worker, not paying attention, collides with your forklift, causing you to sustain injuries. You are entitled to file a Workers’ Compensation Claim due to the occurrence happening during the course and scope of your employment. However, you likely cannot file a personal injury claim since your injuries resulted from the negligence of your employer and/or co-worker.
Example 3
Assume similar facts to the example above except the company is a Non-Subscriber to the Missouri Workers’ Compensation Act. Since your employer did not provide Workers’ Compensation benefits as required by the law, you ARE entitled to file a personal injury claim against the company for the negligent actions of your co-worker and/or the negligent actions of the company itself.
NEGLIGENT THIRD-PARTIES IN WORKPLACE INJURY CLAIMS
If Your Workplace Provides Workers’ Compensation Benefits, Can You Still Initiate a Personal Injury Action Against a Negligent Third-Party Responsible For Your Injuries?
Yes. If the company is a Subscriber and offers Workers’ Compensation benefits, you have the option to pursue BOTH a Workers’ Compensation claim AND a personal injury claim.
Remember: If the company provides Workers’ Compensation benefits, you typically cannot pursue a personal injury claim against your employer or co-worker, even in cases of negligence. However, you retain the right to pursue a personal injury claim if your injuries were caused by a negligent third-party.
Example 1
Imagine you work at an assembly plant, and your workplace provides Workers’ Compensation benefits. If a co-worker, not watching where they were going, collided with you, and caused injuries, you wouldn’t be able to file a personal injury action against your employer or co-worker. However, if a FedEx employee entered the plant to deliver a package and collided with you due to inattention, you COULD pursue a personal injury claim since the FedEx employee would be considered a negligent third-party. Under this scenario you were injured due to the negligence of FedEx – not your employer or co-worker.
Example 2
You work for Best Buy’s Geek Squad and Best Buy offers Missouri Workers’ Compensation benefits. While driving to an installation, another driver runs a red light and T-bones your Honda Accord. You CAN file a Workers’ Compensation claim because the injury occurred during the course and scope of your employment with Best Buy. Simultaneously, you are ALSO eligible to file a personal injury claim with the liability insurance company of the at-fault driver. Under this scenario you were injured due to a negligent third-party driver – not your employer or co-worker.
GETTING MEDICAL TREATMENT FOR WORK-RELATED INJURIES
If You’ve Been Injured at Work, Are You Entitled to Necessary Medical Treatment?
It is possible. If your employer subscribes to benefits, you will likely receive some medical treatment. However, note that many employers direct you to medical providers who may prioritize a swift return to work sometimes at the expense of quality healthcare. If your employer doesn’t offer Workers’ Compensation benefits, they may still guide you to a preferred medical provider to minimize their exposure.
Remember: Recommended clinics often have a pro-employer bias, pushing for a return to work after a limited number of therapy sessions.
How Can Our Attorneys Assist?
If you were injured while working due to the negligence of a third-party company or individual (not your employer), our St. Louis work accident attorneys have an extensive network of medical providers dedicated to injured workers. These providers prioritize your health and won’t release you back to work unless it’s safe. Our network includes medical doctors, surgeons, chiropractors, physical therapists, MRI facilities, neurologists, surgical clinics, hospitals, counselors, and more.
QUALIFYING FOR A LAW LOAN
Could You Be Eligible for a Law Loan to Cover Bills During Your Recovery?
Yes, it’s possible. Law loan companies assess the risk of your case to determine if they can provide funds in exchange for a share in your case’s settlement proceeds.
How Can Our Attorneys Help?
Many law loan companies require legal representation to advance funds. We have relationships with major law loan companies, and some even offer Mullen & Mullen clients capped interest rates.
RECOVERABLE DAMAGES IN WORKPLACE ACCIDENT CLAIMS FOR NON-SUBSCRIBERS TO THE TEXAS WORKERS’ COMPENSATION ACT
If your workplace is not covered by the Missouri Workers’ Compensation Act and you sustain injuries due to the negligence of the company or a co-worker, you have the right to file a civil case against your employer and to seek damages from the company. Otherwise, Missouri Workers’ Compensation benefits will be the exclusive remedy.
Note: If your work-related injuries are caused by a negligent third party, rather than your workplace or co-worker, you can also pursue the damages mentioned above.
WORKERS’ COMPENSATION LIENS
Can The Workers’ Comp Carrier Place a Lien on The Proceeds Of Any Settlement You Might Reach With A Negligent Third Party Responsible For Your Injuries?
Yes, and it is likely. The right of the Workers’ Compensation carrier to recover a portion of your third-party settlement is known as the right of subrogation.
How Can Our Attorneys Help?
Our team is adept at negotiating down Workers’ Compensation liens, ensuring our clients retain more of their settlement funds. Our St. Louis work accident attorneys regularly engage with major subrogation recovery organizations.
EMPLOYER TERMINATION AFTER JOB INJURY
If you suspect your employer fired you shortly after a work-related injury, follow these steps:
- Termination for an on-the-job injury is unlawful and could constitute retaliatory discharge, leading to legal action against the company.
- If you believe you were a victim of retaliatory discharge, consult a personal injury attorney who can help you find an employment law attorney.
Our St. Louis work injury attorneys provide free consultations to discuss your case, with fees only when we win. If no claim is found, the worst-case scenario is obtaining clarity on your situation without any cost.
CONTACT US FOR A FREE CONSULTATION
Call (314) 465-8733 to talk to a St. Louis work injury attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Missouri statute of limitations gives you just 5 years from the date of your accident to file a claim. BUT if you wait to contact a lawyer it may be too late to gather evidence. It’s critical to your potential claim to ACT FAST.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
Seriously Hurt? We’ll Come to You!
ST. LOUIS OFFICE
Mullen & Mullen Law Firm in St. Louis
100 S 4th St #550
St. Louis, MO 63102
Phone: (314) 465-8733
By Appointment Only
If you were injured in a work accident, our skilled St. Louis attorneys fight tenaciously to ensure the maximum available settlement while offering you the lowest contingency fee. We handle your case the way we would want our own case handled.
