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Third-Party Liability in St. Louis Workers’ Comp Claims

If you were hurt at work in St Louis, workers’ compensation should cover your medical bills and part of your lost wages. But what if someone else outside your company was responsible?

Maybe a careless driver hit you while you were making deliveries, a subcontractor left dangerous equipment unsecured at your construction site, or a defective machine caused you to suffer a serious injury. In any of these cases, you might be able to pursue an additional workers’ comp claim known as third-party liability.

At Cofman Townsley, we’ve seen too many hard-working people shortchanged after serious injuries. Workers’ comp can be a lifeline, but it doesn’t always cover the full extent of damages. With a third-party liability claim, St. Louis’ law gives you the right to seek full compensation for what your injuries have cost you.

What Does Workers’ Compensation Look Like in St Louis?

Workers’ compensation is designed to help employees who get injured on the job, even if you were partially or completely at fault for the accident.  It typically provides:

  • Medical Care: To cover treatment, medication, hospital stays, and rehabilitation.
  • Wage Replacement: Usually two-thirds of your average weekly wage while you’re unable to work.
  • Partial or Temporary Disability Benefits: Payable while you’re recovering from your injuries.
  • Permanent Disability Benefits: These are payable if you experience lasting health issues and are unable to return to your old job.

The workers’ compensation system is valuable, but it also has limits. It doesn’t cover the pain and suffering you experience due to the injury or the full amount of your lost income. 

In most cases, you can’t sue your employer directly, even if unsafe working conditions contributed to your injury. However, if your employer’s intentional misconduct caused your injury, you may be able to file a separate lawsuit seeking compensation for pain and suffering or emotional distress.

What Is Third-Party Liability?

A “third-party liability” is when the negligence of anyone other than your employer or a co-worker contributed to your injury. For example, you might have a third-party claim if:

  • You were driving for work on a busy road like the Delmar Loop, and another motorist hit you.
  • You were operating equipment when a defective machine part or a tool malfunctioned, injuring you.
  • You were working on a construction site, such as the America’s Center Convention Complex expansion in downtown St. Louis, and fell because a subcontractor failed to install proper safety rails.
  • You were visiting a client’s property and slipped on a hazard they failed to fix, such as an uneven walkway or icy steps.

In all these cases, you can receive workers’ comp benefits and still pursue a third-party liability claim against the party responsible.

What Compensation Can You Recover From a Third-Party Liability Claim?

A successful third-party claim can help you recover damages that workers’ comp doesn’t cover. This may include:

  • Full Lost Wages: This includes future income if you can’t return to work.
  • Pain and Suffering: This is for the physical and emotional toll of your injury.
  • Loss of Enjoyment of Life: This covers costs for managing lasting disabilities like paralysis or trauma like PTSD (post-traumatic stress disorder) caused by the injury.
  • Out-of-Pocket Expenses: These are costs for transportation to medical appointments.
  • Property Damage: This covers cost of any of your tools, vehicles, or personal items that were damaged in the accident.

What To Do After a Work Injury That May Involve a Third Party

Acting quickly after a workplace injury can protect both your health and your legal rights to compensation. Here’s what you should do:

  1. Get medical treatment immediately.

After an injury, your health and safety come first. Even if your injury seems minor, it’s important to see a doctor right away. Here are some high-quality facilities in St Louis:

Ensure you follow all treatment plans and keep records of every visit and documentation.

  1. Report your injury to the police.

You can request an accident report on the St. Louis Metropolitan Police Department (SLMPD) website. You have up to 30 days after an accident to file a third-party claim, so it’s important to start gathering documentation as soon as possible.

  1. Report the injury to your employer as soon as possible.

Under Missouri law, you have 30 days after the accident to notify your employer and file any compensation claims. This helps ensure that your workers’ comp claim can start right away.

  1. Document the scene and your injuries.

If possible, take photos of your injuries and where they happened. Collect the contact information (names, phone numbers, photos) of all witnesses. Keep copies of any reports or correspondence.

  1. Talk to a St. Louis workers’ comp attorney.

They can investigate whether someone outside your company shares responsibility for your injury. Plus, an early consultation can keep you from losing valuable compensation you didn’t know you could claim.

How Does a Lawyer Prove a Third-Party Claim?

To file for workers’ compensation, all you have to do is show that:

  1. You were an employee, not an independent contractor.
  2. You suffered an injury or illness.
  3. The injury happened while you were performing your job duties.
  4. You reported the injury on time.
  5. You received medical treatment authorized by your employer or their insurer.

But with a third-party claim, it’s different. You have to prove beyond a reasonable doubt that your injury was caused by a third party’s negligence.  This means your attorney has to demonstrate:

  1. Duty of Care: The third party had a legal and moral responsibility to ensure your safety and well-being during work.
  2. Breach of Duty: They failed to uphold that duty.
  3. Causation: The accident would not have happened if it weren’t for the third party’s actions (or inactions).
  4. Damages: As a result of the injury, you suffered financial expenses and losses.

To file your case properly and help ensure you get the compensation you deserve, the attorney may need/use:

  • Medical records documenting the cause and extent of your injuries.
  • The accident report. This may contain surveillance footage or maintenance records.
  • Photos from the accident’s scene that capture the accident’s immediate effects and provide details like points of impact, equipment/vehicle damage, and the injuries sustained.
  • Witness statements from co-workers or witnesses present when the accident happened to provide objective information on what happened before, during, and after the accident.
  • Expert testimony from professionals such as engineering analysts, medical doctors, or accident reconstruction experts.

Why Legal Help Matters in Third-Party Cases

Third-party claims can be legally complex, especially in a city like St. Louis, where job sites often involve multiple contractors, vendors, or drivers from outside the state. An experienced attorney can:

  • Investigate your accident thoroughly to identify all possible sources of fault.
  • Handle the back-and-forth with insurance companies and opposing lawyers.
  • Work with medical and financial experts to calculate the true value of your losses.
  • Clarify how St. Louis and Missouri laws apply to your situation.
  • File your claim within Missouri’s deadlines.
  • Represent you in negotiations or court if necessary.

Contact Our Team Today

At Cofman Townsley, our team of attorneys is experienced in handling both workers’ compensation and third-party injury cases. We understand how to coordinate both claims for the best possible outcome and can help ensure you don’t lose benefits along the way. Fill out our free consultation form to speak with an experienced attorney. We’ll help you understand your options and fight for the full compensation you deserve.