You Don’t Need Wrongdoing in Workers’ Compensation Cases
Unlike personal injury cases, in Missouri workers' compensation cases, you don't need to prove wrongdoing. Worker's compensation is a fault-free system. You only need to prove generally that something with your work caused your injury. For example, if you drive as part of your job, and you cause an accident while at work and get hurt, you are entitled to workers' compensation benefits even though the accident was your fault.
The trade-off for not requiring fault in workers' compensation cases is that you typically don't get as much money for your injuries than you would in a personal injury case. You are not entitled to compensation for pain and suffering, you only receive a fraction of your wages if you can't work, and the cost of your medical care is paid directly to your health care providers and not to you.
If, however, you were hurt at work because of someone's wrongdoing, then recent Missouri court decisions may give you the right to file a personal injury case against your employer instead of a workers' compensation case. This will give you the right to recover additional money for your injuries. There are certain requirements for these types of cases so it's important to talk with a Kansas City personal injury lawyer who is familiar with these recent court cases and who can find out if your case qualifies under this new law.
To learn more, contact the office today to schedule a free initial consultation to discuss your case!