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.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

Chat With Us