When you are injured on the job in Columbia or Joplin, the immediate path forward usually seems clear: file a workers’ compensation claim. In Missouri, the workers’ comp system is designed to provide “no-fault” benefits, meaning you can receive medical coverage and a portion of your lost wages regardless of who caused the accident. However, what many hardworking Missourians don’t realize is that workers’ comp often only covers a fraction of the true cost of a serious injury.
If your workplace accident was caused by someone other than your employer or a direct co-worker, you may have a “third-party” personal injury claim. This is a critical distinction that can significantly impact the financial recovery available to you and your family.
Identifying a Third-Party Negligence Claim
While Missouri law generally prevents you from suing your employer directly for a work injury, it does not protect outside parties whose negligence put you in harm’s way. A third-party claim exists alongside your workers’ compensation case, allowing you to seek damages that workers’ comp doesn’t provide, such as full loss of future earnings, pain and suffering, and loss of enjoyment of life.
Common scenarios for third-party liability include:
- Defective Machinery: If a tool or piece of heavy equipment malfunctions due to a manufacturing defect, the manufacturer may be held liable.
- Subcontractor Negligence: On busy construction sites in Jasper or Boone County, you often work alongside employees from different companies. If a separate contractor’s employee creates a hazard that causes your injury, they are a third party.
- Motor Vehicle Accidents: If you are driving for work, whether making deliveries in Joplin or commuting between job sites in Columbia, and are hit by a negligent driver, that driver is a third party.
Why a Third-Party Claim Matters for Your Recovery
The limitations of the workers’ compensation system are often felt most by those with catastrophic injuries. Workers’ comp typically pays about two-thirds of your average weekly wage, subject to state maximums. For a high-earning professional or a specialized laborer, this “gap” in income can be devastating.
By filing a third-party claim, we can fight to recover 100% of your lost wages and future earning capacity. Furthermore, workers’ comp provides zero compensation for the emotional trauma and physical pain you endure. A personal injury lawsuit is the only avenue to hold the negligent party accountable for these non-economic damages.
Navigating the Complexity of Dual Claims
Handling both a workers’ compensation claim and a third-party lawsuit requires a strategic legal approach. In Missouri, if you win a settlement from a third party, the workers’ comp insurer may have a “subrogation” right to be paid back for the benefits they already provided.
At Sticklen & Sticklen, we understand the math behind these cases. We work to maximize your total recovery while negotiating with insurance carriers to ensure as much money as possible stays in your pocket. Our goal is to make sure the ” Robin Hood” effect is in full play, taking the fight to the big insurance companies so you can focus on your health.
Contact Sticklen & Sticklen Today
If you’ve been injured on a job site or while performing work duties in Missouri, don’t assume that a workers’ comp check is the end of the road. You deserve a team that looks at the big picture to identify every possible source of compensation.
With over 30 years of experience serving the Joplin and Columbia communities, Sticklen & Sticklen is ready to investigate your case. Contact us today for a free consultation and let us be your voice during this challenging time. There is no fee unless we win for you.