A common misconception amongst employees is that the only compensation that they will get for a workplace injury would come from the employer.
Workplace injuries can leave you shattered and overwhelmed, and in the midst of all the pain and suffering, you and your family have to worry about getting the compensation that you need and deserve. The whole process of getting workers’ compensation in Missouri can be quite confusing.
Many employees are still not aware of their legal rights, and often settle for far less compensation that what they actually deserve.
A common misconception amongst workers is that the only compensation that they will get for a workplace injury would come from the employer. However, the worker has a legal right to claim damages from a third party that was responsible for his workplace injury. There are several situations in which the worker can demand compensation from parties other than his employer for the workplace injury.
Here are some situations where a worker may be able to sue a third party for their injury, thus getting the maximum possible compensation they and their family needs.
- If the worker was injured because of a defective product, he may be able to file a product liability suit against the manufacturer of the product, and claim damages
- If the worker was injured because of the employers egregious or intentional conduct then he/she may be able to file a personal injury lawsuit against him
- In case the worker has been injured at the workplace due to a toxic substance, he/she may have the right to file a toxic tort lawsuit against the company that manufactured that product
- There are some instances in which the employer does not have workers compensation insurance. In such cases, the injured worker may be able to file a civil suit and demand compensation, or he can demand compensation from the state fund
- If the worker suffered an injury while working on a dangerous building, he/she may be able to file a lawsuit against the owner of the building
- If the injured worker does not receive appropriate and timely treatment, he/she may be able to sue the health care provider for medical negligence
- If a worker gets injured in a road accident while doing his duty due to some else’s fault, he/she may be able to file a personal injury lawsuit against the driver at fault
- If the regulatory agency fails to reinforce repair of a hazard, the agency or individual may be able to be held accountable
Workers compensation can provide benefits to an injured worker, but can be quite low, and does not compensate the worker for things such as pain and suffering. It also may not provide punitive damages in order to punish the employer for lacking in his duty to provide a safe working environment.
Kansas City Workers Compensation
Due to these reasons, it is important for a worker who has suffered a workplace injury to consult with an experienced Kansas City workers compensation lawyer to discuss their legal rights, and claim damages outside of workers compensation.
Please call the Law Office of James M. Hoffmann at (816) 399-3706 or complete our Online Case Evaluation Form.