Third-Party Workers’ Compensation Claims in Missouri

March 9, 2026

If you were hurt at work in Missouri, you probably assume workers’ compensation is your only option. In most cases, the workers’ comp system does provide important protection, covering medical care and part of your lost wages after a workplace injury.

However, workers’ compensation is not always the whole picture. In certain situations, Missouri law may allow you to pursue a third-party claim in addition to workers’ compensation. That means you may be able to recover more than workers’ comp alone provides when someone outside your workplace contributed to the accident.

Working with experienced St. Louis workers’ compensation lawyers can help you understand whether both claims apply and how to maximize your recovery.

Workers’ Compensation Covers Most Workplace Injuries, But It Has Limits

Missouri’s workers’ compensation system provides no-fault benefits to injured workers. That means you do not have to prove your employer did anything wrong to receive compensation.

Workers’ compensation typically covers:

• Medical treatment related to the injury
• Temporary disability benefits (partial wage replacement)
• Permanent disability benefits in serious cases
• Rehabilitation or return-to-work support

This system helps many employees get care quickly, but its coverage is limited. It does not compensate for pain and suffering, lost earning capacity, or the emotional consequences of a serious injury.

A third-party claim may allow recovery for losses that workers’ compensation does not address.

What Is a Third-Party Workers’ Compensation Claim?

A third-party claim is a separate personal injury lawsuit filed against someone other than your employer or co-worker who contributed to your workplace accident.

Missouri workers’ comp generally prevents employees from suing their employer under exclusive remedy statutes. But it does not prevent you from holding an outside party responsible when their negligence caused or worsened your injuries.

A third-party lawsuit can provide compensation for losses that workers’ comp does not cover, including:

• Full lost wages (past and future)
• Pain and suffering
• Emotional distress
• Loss of quality of life
• Future medical needs beyond comp benefits

This is why third-party claims are essential in severe injury cases.

Common Examples of Third-Party Workplace Injury Claims

Third-party claims often arise in jobs that involve driving, construction, delivery work, or working with heavy equipment.

Here are a few common scenarios:

Injured by a Negligent Driver While Driving for Work

Transportation accidents are one of the most common causes of workplace injuries in Missouri. If you were driving for work and another driver caused a crash, you may have two claims:

• A workers’ compensation claim for your medical care and partial wages
• A third-party auto accident claim against the at-fault driver

A civil injury lawsuit may allow recovery for losses that workers’ compensation does not cover.

Defective Equipment or Dangerous Products

According to the Occupational Safety and Health Administration (OSHA), more than 18,000 lacerations, crushing injuries, amputations, and abrasions occur each year in incidents involving industrial machinery. Some workplace injuries happen because the equipment you were using was unsafe, malfunctioning, or defective.

Examples include:

• A machine that’s missing proper safeguards
• A tool that breaks unexpectedly
• Faulty safety gear that fails to protect you

In these cases, you may be able to file a product liability claim against the manufacturer or distributor. Workers’ comp applies because the injury happened on the job, but the defective product creates additional legal responsibility.

Subcontractor or Third-Party Negligence on a Job Site

Construction sites and industrial workplaces often have several companies working side by side, increasing the risk of gaps in safety oversight and accountability.

For instance, you may be injured because:

• A subcontractor ignored safety procedures.
• A vendor left hazards in a shared workspace.
• Another company’s employee acted carelessly.

When an outside party is responsible for the accident, Missouri law may allow a third-party claim.

Can You Pursue Both Claims at the Same Time?

In many cases, injured workers can pursue both workers’ compensation benefits and a personal injury lawsuit against a third party, but careful coordination is critical. 

Missouri law includes rules to prevent “double recovery,” meaning you cannot be paid twice for the same loss. For example, a workers’ compensation insurer may have the right to reimbursement from a portion of a third-party settlement.

That’s why it is crucial to work with workplace injury attorneys who understand how to handle both claims strategically and protect the full value of your case.

Maximizing Recovery After a Workplace Injury

When more than one party may be responsible, how your claims are handled can directly affect the outcome. At Cofman Townsley, our St. Louis workers’ compensation lawyers focus on maximizing total compensation by pursuing every available avenue.

This process may include:

• Identifying third-party liability early
• Protecting workers’ compensation benefits while pursuing additional claims
• Valuing losses not covered by workers’ comp
• Coordinating timing and strategy across claims
• Positioning the case for negotiation or litigation

Our firm manages both claims to protect your rights and avoid conflicts that could reduce your settlement.

Learn Your Compensation Options Today

Many Missouri workplace injuries involve more than workers’ compensation, but injured workers often never learn they have additional rights. If another company, driver, or manufacturer played a role in your injury, you may be entitled to compensation in addition to medical expenses and partial wages.

Cofman Townsley evaluates both workers’ compensation and third-party liability claims to pursue the full range of damages available under Missouri law. We offer free, no-obligation consultations to help you understand your options and determine your next steps.

Contact our team to speak with an attorney about how your injury occurred and what claims may apply.