TL;DR
If you’re injured at work, workers’ compensation may provide medical care and partial wage replacement without requiring you to prove fault. But workers’ comp generally doesn’t cover damages such as pain and suffering. If someone other than your employer (such as another contractor, a negligent driver, a property owner, or a defective-product manufacturer) caused or contributed to your injury, you may also have a third-party personal injury claim. Because Kansas and Missouri have different laws, it’s important to have your situation reviewed before assuming workers’ comp is your only option or accepting a settlement.
If you’re injured at work, you may assume workers’ compensation is your only option. But depending on how the injury happened, you may also have a personal injury claim against someone other than your employer.
The distinction matters. Workers’ compensation generally doesn’t require you to prove fault, but the benefits available are limited. A personal injury claim generally requires you to establish another party’s liability, but may allow you to recover damages workers’ compensation does not cover, including pain and suffering.
At MRH Injury Law, we believe the first explanation may not always be the complete one. We dig deeper because we care, and we fight harder because it matters. That means looking beyond the obvious workers’ compensation claim to determine whether someone else may be responsible.
How Workers’ Compensation Works
Workers’ compensation is designed to provide benefits to employees who suffer job-related injuries without requiring them to prove their employer was negligent.
Depending on the circumstances and applicable state law, workers’ compensation may provide:
- Medical treatment related to the injury
- A portion of lost wages
- Temporary or permanent disability benefits
- Other benefits provided under the applicable workers’ compensation system
Kansas and Missouri each have their own workers’ compensation laws and procedures. For Kansas City workers, the applicable rules may depend on factors including where the injury occurred, where the employer is located and the circumstances of the employment.
What Workers’ Compensation Does Not Cover
Workers’ compensation provides important benefits, but it generally does not compensate an injured worker for every consequence of an injury.
Unlike a personal injury claim, workers’ compensation generally does not provide damages for pain and suffering. It also may not fully compensate an injured worker for lost earning capacity or other losses that can be pursued in a personal injury case.
The Exclusive Remedy Rule
When workers’ compensation applies, it generally limits an employee’s ability to bring a traditional personal injury lawsuit against the employer for the same injury.
However, that doesn’t necessarily mean workers’ compensation is your only potential source of recovery.
When a Personal Injury Claim Applies Instead (or in Addition)
A personal injury claim may exist when someone other than your employer or a coworker contributed to causing your injury. This is commonly called a third-party claim.
Depending on the circumstances, you may be able to receive workers’ compensation benefits while also pursuing a separate claim against the responsible third party.
Common examples include:
- Another contractor or subcontractor: A construction worker is injured because another company’s crew creates a dangerous condition.
- A negligent driver: A worker is injured in a crash caused by another motorist while driving for work.
- Defective equipment: A worker is injured by a defective machine, tool or other product.
- Dangerous property conditions: A worker is injured at someone else’s property because of a hazardous condition.
These claims can involve different areas of personal injury law, including negligence, product liability or premises liability.
The important question isn’t just “Was I injured at work?” It’s also “Who caused my injury, and who else may be legally responsible?”
Can You Ever Sue Your Employer Directly?
For most covered workplace injuries, workers’ compensation is generally the exclusive remedy against the employer. Limited exceptions may apply depending on the circumstances and whether Kansas or Missouri law governs.
Potential issues can include intentional conduct, lack of required workers’ compensation coverage and other state-specific exceptions.
Because these rules are fact- and state-specific, an attorney should review the circumstances before you assume you can, or cannot, bring a claim against your employer.
Real-World Example Scenarios
Defective Warehouse Equipment
A warehouse worker is injured when a machine malfunctions. Workers’ compensation may cover the workplace injury, but if the machine was defective, the manufacturer or another responsible party may also face a product liability claim.
Potential claims: Workers’ compensation + product liability
Work-Related Car Crash
A delivery driver is injured when another motorist causes a collision while the driver is working.
Potential claims: Workers’ compensation + third-party auto claim
Construction Site Injury
A construction worker is injured because another contractor creates a dangerous condition on a multi-company job site.
Potential claims: Workers’ compensation + third-party negligence claim
In each example, workers’ compensation may be part of the recovery, but it may not be the whole story.
Why This Distinction Matters for Your Recovery
A serious workplace injury can affect much more than your immediate medical bills and missed paychecks. Workers’ compensation can provide critical benefits, but it may not cover losses such as pain and suffering that could be available through a third-party personal injury claim.
That’s why investigating the circumstances of an injury matters.
Was another company involved? Was the equipment defective? Did another driver cause the crash? Who controlled the property or job site?
Digging deeper can reveal claims that aren’t obvious at first.
At MRH Injury Law, that’s part of how we approach workplace injury cases: we dig deeper because we care, and we fight harder because it matters. We look at what happened, who was involved and whether another party may be legally responsible. Here’s Why Our Clients Love Our Honest, Straightforward Advice.
How Workers’ Compensation Can Affect a Third-Party Settlement
Pursuing both types of claims can also create coordination issues. When workers’ compensation benefits have been paid and an injured worker later recovers from a responsible third party, the employer or workers’ compensation insurer may have reimbursement or subrogation rights.
The rules differ between Kansas and Missouri, so these issues should be evaluated as part of the overall claim.
What to Do After a Workplace Injury
If you’re injured on the job:
- Report the injury. Follow your employer’s procedures for notifying them.
- Get medical care. Seek appropriate treatment and keep records of your care and related expenses. Here are 5 Things to Keep in Mind When Getting Medical Care After a Personal Injury Accident.
- Document what happened. Record the circumstances of the injury and identify any other companies, people or equipment involved. Here are 5 Things You Must Do When You Are Injured on the Job.
- Don’t assume workers’ comp is your only option. A third party may also be responsible.
- Get your claim reviewed before settling. Understand your potential claims and how a settlement could affect your future rights.
Do You Have a Workplace Injury Claim?
A workplace injury may involve more than a workers’ compensation claim. If another person or company contributed to your injury, you may have an additional path to compensation.
MRH Injury Law digs deeper because we care, and we fight harder because it matters.
If you’ve been injured at work in the Kansas City area, let us take a closer look at what happened and help you understand your options.
Contact MRH Injury Law for a free consultation, or take our “Do I Have a Case?” quiz to get started.