Stephen Schultz | September 27, 2024 | Personal Injury
Knowing how to get compensation can be confusing if you ever get hurt. Two main ways to seek financial help in Missouri are through workers’ compensation and personal injury claims. They both aim to support those who are injured but work differently. An attorney can explain these options simply, helping you decide which path to take.
What Is Workers’ Compensation in Missouri?
Workers’ compensation is an insurance program that’s there to help employees who get injured or sick because of their jobs. Here’s how it works:
No-Fault System
You can receive benefits no matter who’s at fault for the accident. So, if you hurt your back lifting a box at work, you can still get financial help even if you didn’t lift it properly.
What You Get
The benefits usually cover medical bills, a part of your lost wages if you can’t work, rehabilitation services, and sometimes compensation for a lasting disability.
Limitations
The downside is that you can’t claim money for pain and suffering, which is the emotional and physical discomfort you feel after the injury. You can’t sue your employer for more money if you accept these benefits.
Exclusive Remedy
This term means that workers’ compensation is generally the only way to get benefits for work-related injuries. You usually cannot file a regular lawsuit against your employer after you accept these benefits.
What Is a Personal Injury Claim in Missouri?
Personal injury law is different from workers’ compensation. It applies when you want compensation from another person or entity you believe is responsible for your injury. These injuries could happen anywhere—like in a car accident or a slip and fall at a store.
Fault-Based System
In personal injury cases, you must show that the other party was at fault or negligent. For instance, if a driver hits you because they were texting, you can file a personal injury claim against them.
What You Can Claim
Unlike workers’ compensation, personal injury claims can cover various damages. This includes all medical costs, not just a portion, loss of income, pain and suffering, emotional distress, and sometimes even punitive damages, which are meant to punish the person at fault.
Time Limit
In Missouri, you have limited time to file a personal injury claim. This is usually five years from the date the injury occurred.
Proving the Case
To win a personal injury case, you need to provide evidence that the other party was negligent and that this negligence caused your injury. The process often involves collecting reports and medical records and sometimes working with experts to build a strong case.
Dealing with legal claims can be overwhelming. It often takes a lot of work to decide which type of claim to pursue. Seeking advice from a knowledgeable lawyer can make a significant difference.
Assistance with Workers’ Compensation
If your injury is job-related, a lawyer can guide you through Missouri’s workers’ compensation process. We ensure you receive all the benefits you’re entitled to by helping you fill out claims, gather documentation, and even appeal denied claims.
Personal Injury Representation
For injuries caused by someone else’s negligence, we work to prove their fault and secure the total compensation you’re entitled to under Missouri law. Our team collects evidence, deals with insurance companies, and represents you in court if necessary.
Handling Complex Cases
Sometimes, you might have a workers’ compensation case and a personal injury claim. For example, suppose a faulty machine at work causes your injury. In that case, you might get workers’ compensation from your employer and file a personal injury claim against the manufacturer.
Experienced attorneys understand the ins and outs of both types of claims. They’re dedicated to helping you navigate the legal system to get your deserved compensation.
A Personal Injury Lawyer Can Help With Your Claim
Understanding the difference between workers’ compensation and personal injury claims in Missouri is essential. With the right legal help, you can navigate these systems successfully and secure the compensation you’re entitled to. If your injury happened at work or elsewhere, an attorney is ready to assist you. If you have questions or need legal assistance, please contact a legal team for a free consultation or visit our website for more information.
Contact Our Personal Injury Law Firm in St. Louis, MO
If you’ve been injured, please contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including St. Louis County and Boone County and we have offices in St. Louis, Ladue, Columbia, Creve Coeur.
Schultz & Myers Personal Injury Lawyers – St. Louis Office
1430 Washington Ave Ste 225
St. Louis, MO 63103
(314) 444-4444
Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr
St. Louis, MO 63124
Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502
Columbia, MO 65201
Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205
Creve Coeur, MO 63141
