All Questions

October 23, 2019 | Gary Burger

Does it Matter Who is at Fault in a Work Injury?

When an accident happens at work, does it matter who is responsible? Will that change what can be recovered? If you're responsible, does that mean you can't make a recovery or that you aren't entitled to compensation or rehabilitation?

In this FAQ, we're going over whether or not being responsible for the accident determines or effects what levels of worker's compensation the injured party may be entitled to. If you're currently dealing with a workers' compensation claim and you need help, contact our team. Our Personal Injury Lawyers in St. Louis know the laws and statutes regarding workers compensation claims, and we can make sure that you get the full amount of recovery and restitution that you are owed. To speak with our team, either click on this link and fill out the contact form or call our Personal Injury Lawyers now at 314-542-2222 or 618-272-2222.

Does it Matter who is at Fault in a Work Injury?

Personal Injury Lawyer St. Louis

If you’re injured on the job, you’re entitled to recover regardless of whose fault it was. You don’t have to prove your employer was at fault, and it doesn’t matter if you’re at fault in contributing to your accident or your co-employee. You’re entitled to very specific benefits under Missouri and Illinois workers compensation rules.

You know, if you make a workers compensation claim, you’re not filing a lawsuit against anybody. What you’re doing is you’re filing an administrative claim and probably your employer already filed a report of injury with the Missouri Workers Compensation Division or the Illinois Work Comp Division. By law, they have to. So, you’re just following up on an injury claim that’s already been filed, and we file a claim for you. We make sure that you get your benefits you’re entitled to. It includes two-thirds your weekly wages while you’re off. It includes having your medical paid for. It includes a lump sum disability at the end of the case.

Many folks come, and they get treated fairly by their employer. That’s great. They don’t want to pursue the disability claim at the end of the case which is the gravum or the most important part of the claim. We don’t take a fee on the benefits that we don’t have to fight for. So, if you’re getting your medical paid for and you’re getting your TTD paid for, we don’t take a fee on it. It’s only the lump sum disability payment at the end. We take the standard fee, 20% in Illinois, the statutory fee, 25% in Missouri of the lump sum disability payment at the end of the case. Sometimes, we don’t have good and responsible employers insurers, and we navigate those and fight for those benefits as well. We fight hardships. We try these cases.

Workers compensation is a very state-oriented, state-by-state process. First thing we do, we meet with the client, and we will evaluate their claim, file the administrative claim, and under the Missouri rules we’re entitled to a few things, namely thirteen-week wage statements and incident reports, and we get hold of the evidence. We make sure the client is being treated, being evaluated by physicians if need be, and getting the care that they are entitled to.

Does who caused the accident matter in a Workers' Compensation Claim?

People who have potential personal injury claims often don't take them on because they believe that they either can't afford a lawyer, or they can't afford the court costs or fees that can from a legal battle. With our Personal Injury Law Firm in St. Louis, you'll never pay anything unless we win your personal injury claim. We fight hard for the rights and recoveries of our clients, and we never settle for anything less than the full recovery that they are owed. If you family needs a dedicated and aggressive personal injury lawyer to fight for your rights, we can help you. Call our team at 314-542-2222 or 618-272-2222.