Negligence claims are lawsuits brought in court against a person or company that was at fault for causing your injury. In a negligence lawsuit, the money you recover will typically be decided by a jury, and you can be awarded for all damages you have suffered, including pain and suffering.
Workers compensation claims are different. You do not have to show anyone was at fault to recover workers’ compensation benefits. Employers are required to have workers’ compensation insurance, or be self-insured. Workers compensation claims are claims for insurance benefits brought against your employer and its insurance company. The claims are decided by a judge and the amount you can recover is typically much less than in a negligence lawsuit.
Negligence Lawsuit Against Employer
Missouri law prevents injured workers from suing their employer or fellow employees for their injuries in almost all instances. There are limited circumstances in you can sue your employer for personal injuries, the most common being where the employer has fewer than five employees and is, therefore, not covered by the Workers’ Compensation statute.
The other exceptions that allow a negligence suit against an employer or fellow employees are limited and complex. You should always ask an experienced attorney if there is a possible negligence claim.
Negligence Lawsuit Against Third-Parties
If you are injured by the negligence or fault of someone who does not work for your employer, you may have a “third party” claim against the negligent party. You may be able to also recover your workers’ compensation benefits, in addition to the third-party claim. However, the workers’ compensation insurance company may have a right to recover the benefits it paid from the money received from the third-party.
We help people who have been injured in work accidents. We offer a free consultation so that you may discuss your concerns with an experienced attorney. Contact us online or call our St. Louis office at 314-862-6865 to schedule your free initial consultation. When you meet with us, ask about:
- Evening and weekend appointments
- Home and hospital visits
- No attorneys fees unless you collect