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Workers' Compensation & Third Party Claims
Getting hurt in a workplace accident can be a difficult and emotional experience. According to statistics from the Missouri Department of Labor, there were 91,808 total reported workplace injury incidents statewide in 2021. Depending on the severity of your injuries or illness, you may be hospitalized and unable to work – temporarily or permanently.
Missouri Workers’ Compensation Law Basics
The following provides a brief discussion of some of the basics of Missouri workers’ compensation law and is largely based on a continuing legal education seminar given by Mr. John Christiansen to the Kansas City Metropolitan Bar Association in June, 2022. For a more detailed discussion and review of your particular case, please call the Law Office of John Adams Christiansen in Kansas City, Missouri at (816) 416-7070.
Can I Sue a Co-Worker for a Workers’ Compensation Injury in Missouri?
Sometimes, a work injury is caused wholly or in part by the actions of a co-worker. The primary Missouri statute dealing with this situation is found at section 287.120.1 which provides that such a co-worker shall not be liable and “shall be released from all other liability whatsoever except if the co-worker “engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.”
Do I Qualify for Workers’ Compensation?
Generally speaking, it is usually quite easy to be eligible for workers' compensation benefits. All that is required, broadly speaking, is that: Your injury or illness is work related. You are an employee of that company or person. The employer is required to have workers' compensation insurance. Not all employers are required to have workers' compensation insurance. Under Missouri law, companies with five or more employees are required to be covered. However, contractors with only one employee are also required to have workers' compensation insurance. The definition of "employee" includes full-time and part-time employees, and temporary employees. In Kansas, the law is different, in that it requires all employers to carry workers' compensation insurance, except for those in certain agricultural pursuits or those with less than $20,000 in annual payroll. Some work injuries stem from a single accident or incident, while others occur over time due to repetitive labor performed or being subjected to toxic substances. Our office has handled cases involving a wide variety of injuries or conditions, including, but not limited to back and neck injuries, carpal tunnel syndrome, cubital tunnel syndrome, epicondylitis, torn rotator cuffs, a torn meniscus and/or torn ACL in the knee, bulging and herniated discs, and psychological injuries.
What Is Workers’ Compensation?
Workers' Compensation is an area of law dealing with situations in which an employee has been injured while working in their job either through a traumatic event such as a car accident or fall, or through what is termed "occupational disease" which typically involves a situation where repetitive work has caused the worker to suffer injury...
Settlement of The Workers’ Compensation Case
Achieving a favorable or desired outcome for the client, is the ultimate goal of our office. This overwhelmingly takes place by settlement. Unfortunately, the issues and potential claims that have to be dealt with have been complicated in recent years by various entities and new laws.