Missouri Personal Injury Law: Your Rights After a Work Injury

Missouri personal injury law is designed to protect individuals who suffer injuries due to the negligence of others, including cases that occur in the workplace. If you sustain a work injury, it’s crucial to understand your rights and the available avenues for seeking compensation. This article outlines key aspects of Missouri personal injury law as it relates to work injuries.

In Missouri, if you get injured while performing your job duties, you may have the right to compensation through the workers' compensation system. Workers' compensation is a form of insurance that employers are required to carry, which provides benefits to employees injured on the job without the need to prove fault.

Under Missouri law, there are several types of benefits available through workers' compensation, including:

• Medical Benefits: Coverage for necessary medical treatments related to your injury.
• Temporary Total Disability Benefits: Compensation for lost wages while you are unable to work due to your injury.
• Permanent Partial Disability Benefits: Compensation for lasting impairments that affect your ability to earn a living.
• Vocational Rehabilitation Benefits: Assistance with retraining or finding new employment if you cannot return to your previous job.

If your work injury was caused by a third party's negligence—such as a defective piece of equipment or another driver in a workplace-related vehicle accident—you may have the right to file a personal injury claim against that third party. In such cases, you can potentially recover additional compensation beyond what workers' compensation provides.

It’s important to note that Missouri operates under a "comparative fault" rule. This means that if you are found partially responsible for your injury, your compensation may be reduced by your percentage of fault. Understanding how this rule applies to your situation is critical, especially when dealing with personal injury claims.

If you're considering filing a personal injury claim after a workplace injury, remember the following steps:

1. Report the Injury: Notify your employer as soon as possible. Timely reporting is essential for both workers' compensation claims and personal injury claims.
2. Document Everything: Keep detailed records of your injury, including medical reports, photographs, and witness statements. This documentation will support your claim.
3. Consult a Lawyer: Engage with an experienced personal injury attorney who understands Missouri law. A lawyer can help navigate the complexities of your case and maximize your compensation.

In Missouri, there are statutes of limitations that dictate how long you have to file a claim for both workers' compensation and personal injury. For workers' compensation claims, you generally have two years from the date of the injury or the last payment of benefits to file. In personal injury cases, the time limit is typically five years. Ensure you are aware of these deadlines to preserve your rights to compensation.

Finally, understanding your rights under Missouri personal injury law after a work injury is essential for navigating the complexities of the legal system. Whether pursuing workers' compensation benefits or a personal injury claim, taking prompt action and seeking professional guidance is critical. By doing so, you can ensure that you receive the compensation you deserve for your injuries and suffering.