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Third-Party Workers’ Compensation Claims


Missouri Specialists

Looking for reliable third-party workers’ compensation claims assistance? The law offices of Buchanan Williams & O’Brien Missouri can assist. Contact us today.

Buchanan, Williams & O’Brien have been a trusted law firm serving Missourians for over 40 years.

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Understanding Third-Part Workers’ Comp Claims

Navigating the realm of workers’ compensation claims can be complex, but the landscape becomes even more intricate when third parties enter the equation. In the world of employment-related injuries, third-party workers’ compensation claims introduce a new layer of considerations, benefits, and challenges. While workers’ compensation can cover medical expenses, lost wages, permanent disability, and death benefits, it may not encompass all potential damages.

In these cases, third-party workers’ compensation claims come into play, allowing injured workers to pursue legal action against parties other than their direct employers, such as equipment manufacturers or subcontractors, whose negligence contributed to their workplace injury. These claims can provide additional avenues for compensation and are especially crucial when a third party shares responsibility for the injury.

Our experienced lawyers at Buchanan, Williams & O’Brien in Missouri are well-equipped to assist you in navigating and securing your rights in these complex claims.

Understanding Third Part Workers' Comp Claims

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How Does a Third-Party Claim Differ From Workers’ Compensation Claim?

A third-party claim differs from a workers’ compensation claim by allowing injured workers to pursue legal action against parties other than their direct employers, potentially providing additional avenues for compensation beyond the standard workers’ compensation benefits.

To establish eligibility for third-party liability, concrete evidence must substantiate the third party’s negligence or fault, while supporting documentation or witness testimonies are necessary to demonstrate additional damages. Vital pieces of evidence include police reports, eyewitness accounts, and medical records that play a pivotal role in bolstering your claim.

To claim workers’ comp, you don’t necessarily have to prove employer negligence. Workers’ compensation will compensate for any injury sustained during work-related activities, regardless of fault. You may also claim for work-related illnesses. If a dispute arises, you just need to prove that your work is the prevalent cause of the injury or sickness.

Under Missouri law, workers’ compensation benefits include medical expenses and loss of wages. Permanent disability benefits are also paid in some cases. However, only a maximum of 55% of the minimum weekly state wage is covered for lost income.

On the other hand, a third-party claim may cover medical expenses and full wages lost. A worker may also claim for loss of future earnings and earning capacity. A negligent third party may also be ordered to pay punitive damages. Pain, suffering, and property damage might also be recovered.

Workers’ compensation is paid sooner because there is no need to prove fault. Third-party claims can take time because they require evidence to support the claim.

How Does a Third Party Claim Differ From Workers’ Compensation Claim

Confused about Workers’ Compensation in Missouri? We are here to answer your questions.

Types of Third-Party Claims

There are various types of third-party claims that injured workers can pursue, depending on the circumstances of their injury. Some common types include:

  • Product Liability Claims: These claims are filed against the manufacturer or distributor of a faulty product or equipment that caused the injury.

  • Premises Liability Claims: If the injury occurred on someone else’s property due to negligence, such as a slip-and-fall accident at a client’s location, a premises liability claim can be pursued.

  • Motor Vehicle Accident Claims: When a work-related accident involves a third-party vehicle, injured workers can file claims against the at-fault driver and their insurance company.

  • Subcontractor or Contractor Claims: In cases where subcontractors or contractors contribute to the injury through negligence or unsafe practices, claims can be brought against them.

  • Toxic Exposure Claims: Workers who suffer injuries or illnesses due to exposure to hazardous substances or chemicals may file claims against the responsible parties.

  • Negligence Claims: General negligence claims can be filed against any third party whose actions or negligence caused the workplace injury.

Each type of third-party claim requires specific evidence and legal considerations, and consulting with our experienced attorneys at Buchanan, Williams & O’Brien is essential to pursue the appropriate course of action effectively.

How to Navigate the Third-Party Claims Process

To establish third-party liability, the evidence should clearly demonstrate that:

  1. A person died or was injured while on the job.
  2. The injury or death occurred during the course of work for the employer.
  3. The negligence or fault of another person was responsible for the injury or death.
  4. The party at fault is not the employer.

The process for third-party claims typically begins with the injured worker filing a claim against the negligent party’s insurance. It’s important to note that Missouri operates as an “at-fault” state, meaning the at-fault party’s insurance is responsible for injuries in cases like car accidents. Once the claim is approved, you’ll receive a settlement offer from the insurance company. While this may seem straightforward, insurance companies often offer low settlements.

Insurance companies typically require supporting documentation before making a settlement offer. This includes medical records, police reports, and witness statements. Our attorneys at Buchanan, Williams & O’brien can help you with this. Our lawyers can help you gather the necessary documents and submit them to the insurance company. We can also negotiate a settlement on your behalf, ensuring that you receive the best possible outcome.

A lawsuit can be filed if negotiations fail, and a counter-settlement from the insurance company is unsatisfactory. Our lawyers will aggressively litigate your case and fight for a favorable outcome.


What Types of Compensation Can I Seek Through a Third-Party Claim?


A third-party lawsuit may entitle you to recover damages for the following:

  • Medical costs
  • Full reimbursement of lost wages
  • Loss of future earning capacity
  • Loss of consortium
  • Pain and suffering, and emotional distress
  • Punitive damages

The specific compensation available to you will depend on the circumstances of your case, the extent of your injuries, and the applicable laws in your jurisdiction.

We Can Help File Third-Party Lawsuits for Negligence Claims.

At Buchanan, Williams & O’Brien, we have several years of experience guiding clients through the complexities of third-party and workers’ comp claims in Missouri. We provide invaluable assistance by gathering evidence, negotiating with insurance companies, and advocating on your behalf to maximize your compensation in a third-party claim.

Our experienced attorneys are dedicated to securing the compensation you deserve and ensuring your legal rights are protected throughout the process. Call us today for a free consultation.


Frequently Asked Questions


How Long Do I Have to File a Third-Party Claim After a Workplace Injury?

Under the Revised Status of Missouri Section 516.120, personal injury claims must be filed within five years of the injury or within five years of discovering delayed symptoms. Medical malpractice claims have a two-year filing limit, while wrongful death claims should be filed within three years of the date of death.

Can My Employer Go After the Compensation I Receive From My Claim?

Yes. If you were successfully paid in your personal injury claim, your employer or the employer’s insurance may recover what was paid to you on your workers’ comp claim through workers’ compensation liens. However, they should cover their share of attorney’s fees. It’s wise to consult a workers’ comp lawyer before releasing any funds to your employer.

Can I File a Case Against My Employer for Fault or Negligence?

Yes. You can file a case if they are not a workers’ compensation insurance carrier.


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