We are personal injury experts who have achieved results for our clients in Joplin for over 40 years.
What is Third-Party Recovery?
A third-party case most commonly happens when you have had a car accident and a compensation claim together. This can occur when you get into a car accident resulting in personal injury while driving a work vehicle.
Under Missouri law, the owner of the business bears the cost of medical bills when an employee gets an injury while on the job.
But, Missouri workers’ compensation law also offers an employer the subrogation right to third-party tortfeasor recovery. This means the employer can recover of all the expenses they pay for the employee’s medical bills. The goal of this law is to prevent workers from receiving two benefits after an accident.
Ruediger Formula calculations show the exact amount an employer gets from third-party recovery.
The judge reviews the agreement to ensure it’s fair to you as the employee. However, based solely on your case, a judge may not know the extent of your medical history or any future health needs you might require to recover.
When can a Judge Disagree With a Settlement?
- If the settlement is coming from a fraudulent point.
- If the employee voluntarily disagrees with the payment.
- If the employee concerned is not aware of their rights.
- If the settlement is against the rights of the parties involved.
In the case where the judge agrees upon payment, the next step is for your insurance company to cut a check.
The benefits you get after an agreement are determined by the nature of your injury, your probability of returning to work, and the previous wage before the injury.
If you need advice on your workers’ comp claim or benefits, you should consider consulting a Missouri workers’ compensation attorney near you.