Personal Injury or Workers’ Comp
Which Type of Claim Do I Have?
Is your claim a personal injury claim or workers’ compensation claim? Let’s break it down.
If you’ve suffered a workplace injury, you may be wondering if you have a valid workers’ compensation claim, a valid personal injury claim, neither, or both. Missouri law can be quite complex, and it’s crucial to understand the various rules that apply, the different procedures involved, and the time constraints associated with filing each type of claim.
Fault is one of the first things to consider in evaluating a claim. In Missouri, if you were injured within the course and scope of your employment, you typically do not need to prove that your employer or coworker directly caused your injuries.
Conversely, to have a valid personal injury claim, you must be able to prove that someone else is at fault for your injuries.
Is it possible to have both a workers’ compensation claim AND a personal injury claim arising out of the same workplace incident? Yes, it is possible. A common scenario in which this occurs is when an employee is driving while working within the course and scope of his or her employment, and a motor vehicle accident occurs. If the employee was not at fault for the accident, he or she might have a valid workers’ compensation claim AND a valid personal injury claim arising out of that collision.
An experienced personal injury attorney can help you explore all avenues of recovery, including workers’ compensation claims, third-party lawsuits, and uninsured / underinsured motorist claims, if applicable.
For more information:
5 Hidden Factors a Skilled Personal Injury Attorney Will Look For
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