How Missouri’s Personal Injury Law Handles Workplace Injuries

Understanding how Missouri’s personal injury law addresses workplace injuries is essential for employees and employers alike. In Missouri, when an employee sustains an injury while on the job, their primary recourse is typically through the state’s workers’ compensation system. This system provides benefits for medical expenses, lost wages, and rehabilitation costs, regardless of fault.

Missouri law mandates that most employers carry workers' compensation insurance. This insurance is designed to protect both the employee and employer. For workers, it ensures that they receive medical care and compensation for lost income without having to prove that the employer was at fault. For employers, it limits liability since employees waive their right to sue for negligence in exchange for guaranteed benefits.

However, there are instances where a third party may be held liable for a workplace injury. When a worker is injured due to the negligence of someone outside their employer—such as a contractor, vendor, or equipment manufacturer—they may have the option to file a personal injury lawsuit against that third party. This can sometimes yield additional compensation beyond what workers’ compensation provides.

It is important to note that Missouri follows a pure comparative fault system. This means that if an employee is partially responsible for their injury, their compensation may be reduced by their percentage of fault. For example, if an employee is found to be 25% at fault for their injury, their total compensation will be reduced by that 25%.

When an employee is injured in the workplace, it is crucial to report the injury to a supervisor promptly. Missouri law requires employees to notify their employer of a workplace injury within 30 days to maintain their eligibility for benefits. Failure to report an injury on time could jeopardize their ability to receive compensation.

Once an injury is reported, the employer should begin the workers’ compensation claim process. Employers typically have a designated insurance carrier that handles these claims. Employees may need to fill out specific forms and undergo medical evaluations to determine the extent of their injuries and the necessary treatments.

If a claim is denied, employees have the right to appeal the decision. This process can be complex, often requiring legal guidance to navigate effectively. Consulting a Missouri personal injury attorney who specializes in workplace injuries can provide valuable assistance in both the appeal process and in understanding an employee's rights under the law.

In conclusion, while Missouri’s personal injury law primarily directs injured workers to the workers’ compensation system for relief, there are pathways for pursuing additional compensation in cases involving third-party negligence. Understanding these nuances can help ensure that injured workers receive the support they need following a workplace injury.