• Skip to primary navigation
  • Skip to main content
  • Skip to footer
jh logo

Kansas City Workers Compensation Lawyer | Missouri

Missouri Workers Compensation Attorney

  • Workers Comp Attorneys
    • Airplane Accident Lawyer
    • Amputation Lawyers
    • Asbestos Lawyer
    • Bone Fracture Lawyer
    • Brain Injury Lawyer
    • Cement Workers Lawyer
    • Construction Lawyer
    • Electrocution Injury Lawyer
    • Falling Debris Injury Lawyer
    • Retail Store Accident Lawyer
    • Slip and Fall Lawyer
    • Welding Injury Lawyer
    • Work Related Injury Lawyer
    • Work Related Stress Lawyers
  • Work Injuries
    • Back Injury at Work
    • Burn Injury
    • Hernia Injury at Work
    • Rib Injury
    • Rotator Cuff Injury at Work
    • Wear and Tear Injury
  • Missouri Work Comp
    • Permanent Partial and Total Disability
  • Case Results
  • Contact Us
You are here: Home / Work Comp Blog / Employee Rights Under Missouri Workers Compensation

Employee Rights Under Missouri Workers Compensation

July 2, 2018 by James Hoffmann

Workers comp is a type of insurance policy coverage that is meant to ensure that if someone is hurt while on the job, they can receive fair compensation.

In Missouri, if you own a business that employs more than five workers, then you are required by law to carry something called workers’ compensation insurance.

Workers comp is a type of insurance policy coverage that is meant to ensure that if someone is hurt while on the job, they can receive fair compensation. It also seeks to ensure that a business doesn’t end up bankrupt due to one worker’s injury claim.

employee rights under missouri workers compensation

How Personal Injury and Workers’ Compensation Differ

Before there was a state-mandated requirement to carry workers’ compensation, when a worker was hurt on the job, they had a few different options. If they were hurt through their own actions, then they would not be compensated. If that injury were enough to cause permanent disability, the worker would turn to the state. If the worker could prove negligence on behalf of their employer, then the worker could sue the employer in a personal injury case.

Since most companies do not have the type of assets to pay for an injury, a personal injury lawsuit would either leave the business owner bankrupt, or it would leave the worker without compensation to pay for their injuries.

Seeing a need for coverage, workers’ compensation requirements were the solution. Now, instead of a worker making a claim for personal injury when they are hurt, they can make a claim for workers’ compensation.

What Is the Back Draw to the Workers’ Compensation System?

Although beneficial to workers’ who are responsible and negligent in their own injuries, if someone collects workers’ compensation, they are typically not allowed to collect for their non-economic damages.

The workers’ compensation system does not allow workers to collect for things like emotional distress or pain and suffering as a part of their compensation.

So, although it better protects companies and workers all the way around, if you are significantly injured, you are not allowed to be compensated for your pain and suffering.

Can You Ever Sue Your Employer?

If you collect workers’ compensation benefits, then, no, you are generally not allowed to sue your employer. Although, there are instances where if you can prove that your employer was egregiously negligent or that your injury was the result of an intentional act, you might be able to make a case for personal injury.

If you can prove that your injuries were the fault of your employer and that they knew that the hazard existed before you were injured, then you might be able to sue them to collect non-economic damages.

If you are a worker in the state of Missouri and injured on the job while you were engaged in work-related activities, then you are entitled to receive compensation for the economic damages that you sustain like lost wages, medical bills, and if serious enough, disability.

You are not allowed to collect for non-economic damages due to the specifics of workers’ compensation laws. To make sure that you are getting all that you are entitled to for your work-related injury, contact an experienced workers’ compensation lawyer to review your case for free. Give us a call 24/7 at (816) 399-3706.

Filed Under: Work Comp Blog Tagged With: Workers Compensation Claim

Updated: August 21, 2019

Footer

FREE CONSULTATION FORM

    avoid-to-handle-work-comp-claim-on-your-own

    6 Reasons Not to to Handle Work Comp Claim on Your Own

    March 1, 2023 By James Hoffmann

    From avoiding costly mistakes to maximizing your compensation, here's why it's in your best interest to avoid handling your work comp claim on your … [Read More...] about 6 Reasons Not to to Handle Work Comp Claim on Your Own

    Formaldehyde-exposure-workers-compensation

    The Dangers of Working with Formaldehyde

    February 28, 2023 By James Hoffmann

    From causing irritating side effects to potentially increasing the risk of cancer, formaldehyde exposure in the workplace can pose significant health … [Read More...] about The Dangers of Working with Formaldehyde

    Law Office of James M. Hoffmann
    Kansas City
    (816) 399-3706

    Missouri Work Comp FAQ

    • What Happens If My Workers’ Compensation Case Goes to Trial?
    • Will Workers Compensation Insurance Pay For My MRI?
    • Can I Get Workers Comp for Stress and Anxiety?
    • Can I Get Workers Compensation for Wear and Tear Injuries?
    • Does Workers Compensation Cover Independent Contractors in Missouri?
    • Workers Compensation Benefits for Scarring and Disfigurement
    • Can I Quit My Job While I’m Receiving Workers Compensation?

    Copyright © 2023 · Law Office of James M. Hoffmann

    • Disclaimer
    • Privacy Policy