Workers Compensation Eligibility If Your Employer Intentionally Hurts You
by
James M. Hoffmann on Mar. 20, 2018
Employment Workers' Compensation Employment Employment Employee Rights
Summary: If you are injured while working in Missouri, in most instances you are not eligible to sue your employer. But there are times when you can, which means that you may be able to collect noneconomic and economic damages.
In the state of Missouri, employers and companies are required to carry something called workers’ compensation to insure their employees. Although many consider workers compensation to be a protection for employees, it is also protects employers. If the company carries workers’ compensation insurance, then they are assured that one bad accident won’t result in bankruptcy for the business.
When you make a claim for workers’ compensation, it does not have to be based on negligence on behalf of your employer. The only drawback is that unlike personal injury claims, if you make a claim for workers’ compensation, you are generally not entitled to noneconomic damages. That means that things like your emotional distress, pain and suffering, and even loss of consortium are typically not covered by workers’ compensation.
If you are injured while working and while performing duties that fall under the scope and authority of your employer, then you are not allowed to sue them for personal injury in most instances. Even if your boss or employer is partially to blame, unless they were severely negligent in their practices, then you are only eligible to recover economic damages under workers’ compensation.
Are there any conditions where I can collect noneconomic damages?
There are instances where you can collect noneconomic damages if you are injured on the job. If your boss didn’t meet their obligation to ensure a safe work environment, or they intentionally caused your injuries, then you might be eligible to sue them in a court of law. To prove that they were egregiously negligent, you would need to prove that they were negligent, they knew of their negligence, they should have reasonably seen that the negligence would end in injury, and that you were injured.
Another reason you might be able to sue your employer for personal injury is if they intentionally harmed you. If you can prove that they took actions that intentionally led to your injury, then you may have a personal injury case, also known as an “intentional tort.” An example of an intentional tort would be if your employer spread lies about your character that led to you losing clients and not being able to work at your job anymore.
If you are injured while working in Missouri, in most instances you are not eligible to sue your employer. But there are times when you can, which means that you may be able to collect noneconomic and economic damages. To know whether your injuries fall under workers’ compensation eligibility or if you can sue your employer due to their actions, it is best to speak with an experienced workers compensation attorney to learn more about your lega rights and to sort out the details. Call the Law Office of James M. Hoffmann 24/7 at (314) 361-4300 for a FREE case evaluation.
Law Office of James M. Hoffmann
2001 S Hanley Rd #325
St. Louis, MO
63144
Phone: (314) 361-4300
