If you’ve become injured on the job in Missouri, you may be understandably concerned about the future. Your injuries may prevent you from returning to work and earning an income. You may be entitled to compensation for your medical expenses, lost income, and other damages. Understanding the differences between workers’ compensation claims and personal injury claims is an important first step after experiencing a workplace injury.
What Is the Difference Between a Workers’ Compensation Claim and a Personal Injury Claim?
Workers’ compensation is a no-fault system designed specifically for employees who are injured on the job. Employees can receive workers’ compensation benefits regardless of who was at fault for the accident. Workers’ compensation benefits generally cover the worker’s medical expenses, rehabilitation costs, and a portion of their lost wages.
However, when employees accept benefits from workers’ compensation claims, they cannot file a separate personal injury claim against their employer in most cases. In other words, the employer may lose the right to sue the employer directly for additional damages. Filing a worker’s compensation claim is usually more straightforward. Still, it can potentially limit how much compensation a worker can recover, especially if they’ve been seriously injured and have long-term health challenges.
Pursuing a Personal Injury Lawsuit After a Workplace Injury
Pursuing a personal injury claim involves taking legal action against a person or business whose negligence, recklessness, or intentional actions caused the workplace accident. Depending on the facts of your case, you may be able to hold a third party liable through a personal injury lawsuit while obtaining workers’ compensation benefits from your employer.
The negligent party could be another company, a contractor, or even a fellow employee whose negligence contributed to your injury. In these cases, the injured party can seek compensation for a broader range of damages, including pain and suffering, emotional distress, punitive damages, medical bills, and lost wages.
To succeed in personal injury claims, the injured party must prove the at-fault party’s negligence, making this process more challenging than the more straightforward workers’ compensation claim process. While a personal injury claim might offer a chance for greater compensation, including for pain and suffering, it also requires dealing with intricate legal obstacles. In some cases, it’s possible to pursue both types of claims.
The Process of Filing a Workers’ Compensation Claim in Missouri
Filing a workers’ compensation claim in Missouri starts with reporting your injury to your employer as soon as possible. You should report the injury within 30 days at the latest. Your employer should provide you with the necessary claim forms. Working with an attorney to complete the forms can be helpful for your claim.
After submitting your claim, your employer should promptly notify their insurance provider. The insurance company should review the details and quickly decide on the claim. It’s essential to include all relevant medical documentation to support your claim. If the insurance company denies your claim or refuses to cover the required benefits, an attorney can help; you hold them accountable.
Contact a Southern Missouri Workers Compensation Attorney with Questions
If you have questions about whether to file a workers’ compensation or personal injury claim in Missouri, the attorneys at Privette Law Office are here to help. We understand the challenges victims of workplace injuries face and will handle every aspect of your case while you focus on your recovery. Don’t hesitate to contact the Privette Law Office to schedule a case evaluation.