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Workers' Compensation & Third Party Claims
Sept. 21, 2022
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.
Thankfully, Missouri workers' compensation laws allow injured employees to receive workers' comp benefits, including compensation for medical treatments, lost wages, and permanent disfigurement or impairment due to their injuries. Alternatively, you are eligible to file a third-party claim against the person who caused your injuries.
At the Law Office Of John Adams Christiansen, LC, our team enjoys providing compassionate representation and reliable legal direction to employees in their workers' compensation and third-party claims. Our strategic Missouri workers' compensation attorney can advocate for your best interests and help you pursue the financial compensation you deserve for your workplace injuries or illness.
The Law Office Of John Adams Christiansen, LC, proudly serves clients across Kansas City, Missouri, and the surrounding areas of Raytown, Blue Springs, Grain Valley, Belton, Lee's Summit, and Independence.
The Difference Between Workers' Compensation and Third-Party Claims
Employees who are involved in a work-related illness or suffer illness at work may be eligible to recover damages by seeking workers' compensation benefits or filing a third-party claim.
Workers' Compensation Claim
Workers' compensation claim is a compulsory "no-fault" insurance coverage for employees that provides for the cost of medical treatments for workplace accidents, occupational diseases, and other on-the-job injuries. In Missouri, workers' compensation benefits include:
Temporary total disability (TTD) benefits
Temporary partial disability benefits
Disability benefits – Permanent partial disability or permanent total disability benefits
Additional benefits for occupational diseases due to toxic exposure
Conversely, a third-party claim is an injury claim filed with the insurance provider of the party who caused your injuries or damages. In a work-related accident, you may be entitled to file a third-party claim if:
A negligent driver caused your injuries.
You were injured by a co-worker due to their intentional act.
You were injured on someone else's property or premises.
A faulty or poorly maintained piece of equipment caused your injuries.
Another subcontractor on the worksite caused your injuries.
A seasoned attorney has the resources to analyze the surrounding facts of your case and determine whether you should seek workers' compensation benefits or file a third-party claim.
Common Causes for Workplace Third-Party Claims
Oftentimes, a workplace third-party claim may involve any of the following accident cases:
Motor vehicle accidents
Construction site accidents
Property owner negligence
Dangerous or faulty equipment
Exposure to toxic substances
However, when filing a workplace third-party claim, you will need to prove negligence and establish liability in order to recover damages.
To prove negligence in your third-party claim for the workplace injury, you must show the following elements:
Duty – The at-fault party owed you a legal duty of care.
Breach – The at-fault party breached their duty of care due to their careless or negligent actions.
Causation – The negligence or carelessness of the at-fault party caused your injuries.
Damages – You suffered actual harm, bodily injuries, or damages as a result of the at-fault party's negligence.
A loyal Kansas personal injury lawyer can help prove negligence, establish liability, and determine whether you can seek both workers' comp benefits and third-party claims.
Subrogation is a phenomenon whereby a workers' compensation insurance provider is allowed to take legal action against an at-fault party (in a third-party claim) for reimbursement of insurance loss. Essentially, subrogation rights allow the insurance carrier to seek repayment for the workers' compensation benefits paid to the injured employee.
When Does It Apply?
The state of Missouri has a "No Subrogation Rule." According to state laws, an insurance company may not have a right of subrogation against its own insured for injury claims that arise from already covered risks. However, subrogation may be allowed if:
The health insurance provider has made an ERISA subrogation claim, or
You have agreed to reimburse your insurance provider in the specific contract you have with them.
Get Compassionate Legal Action Today
A workplace accident may cause minor or severe injuries, hospitalization, reduced productivity, missed time at work, permanent or temporary disability, or sometimes death. Fortunately, you may be eligible to pursue fair compensation by seeking workers' compensation benefits and/or filing a third-party claim, depending on your situation. An understanding personal injury attorney can examine your legal options to seek damages and help determine the best course of action.
At the Law Office Of John Adams Christiansen, LC, our skilled lawyers are ready and poised to assist, guide, and represent clients in their workers' compensation and third-party claims. As your legal team, we will inspect all of the facts of your situation and determine whether to seek workers' compensation benefits or file an injury claim.
Contact the Law Office Of John Adams Christiansen, LC, today to schedule an easy case assessment with a competent workers' compensation lawyer. We're proud to represent clients across Kansas City, Raytown, Blue Springs, Grain Valley, Belton, Lee's Summit, and Independence, Missouri.