Workers' Compensation vs Personal Injury Lawsuit: Which Option is Better for St. Louis Workers?

Workers’ Compensation vs Personal Injury Lawsuit: Which Option is Better for St. Louis Workers?

Injuries on the job aren't just painful. Injured workers are often left in a state of confusion after a workplace accident. Under Missouri law, there are two possible paths to compensation through workers' compensation benefits and a personal injury lawsuit. Choosing the wrong one could cost you thousands of dollars in lost compensation.

You have enough to deal with while you recover from your painful workplace injury. Instead of trying to figure out your legal options alone, The Bruning Law Firm, a family-owned team of St. Louis attorneys with over 35 years of experience handle both types of claims. Our St. Louis workers' compensation lawyers understand the critical differences between workers' comp claims and personal injury lawsuits to help guide you toward the option that maximizes your recovery for workplace injuries. This guide explains each of these options so that you can make an informed decision that best benefits you.

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What is Workers' Compensation?

Workers' compensation is a state-mandated insurance program that your employer must provide in the event that you suffer workplace injuries. Unlike your elective medical insurance coverage and benefits, workers' compensation medical benefits begin on your first date of hire and are available until your last day of work.

It is a no-fault system, meaning that you do not need to prove your employer was negligent. If you were hurt at work, either due to a workplace accident that left you injured or from repetitive strain injuries, workers' compensation provides medical expenses, wage replacement, temporary or permanent disability benefits, and vocational rehab.

While injured workers can receive many benefits, workers' compensation doesn't cover full wage replacement, pain and suffering, or emotional distress. There is an exclusive remedy doctrine in place that generally bars lawsuits against your employer in exchange for these benefits.

What is a Personal Injury Lawsuit?

In contrast to workers' compensation benefits, a personal injury lawsuit is an action taken in civil courts that seeks compensation when another party's negligence caused your injuries. The requirement for filing a civil lawsuit is that you will need to prove that someone else's negligence caused your injury.

When successful, a personal injury lawsuit can recover full damages for medical bills, lost wages, pain and suffering, emotional distress, and in appropriate scenarios, punitive damages. Although there is the exclusive remedy doctrine for workers' compensation, a workers' comp lawsuit can be brought against a third-party such as equipment managers, contractors, and property owners rather than your employer.

The downside of a personal injury lawsuit is that it can take months or even years to litigate. Workers' comp payments are issued much more quickly, which is why workers' comp can be better than a personal injury lawsuit. However, there may be valid reasons for suing an employer instead of filing workers' comp in Missouri, and our St. Louis attorneys are here to help workplace injury victims make the right decision.

Key Differences Between Workers' Comp and Personal Injury

With workers' compensation vs personal injury lawsuits, you might be wondering about their differences. One of the main distinctions is in the fault requirement. Workers' comp is not fault-based while personal injury lawsuits require you to prove negligence.

You can only sue your employer's insurer for workers' comp while personal injury lawsuits allow for suing third parties only. As for damages, workers' compensation is limited in that you get medical expenses for your injuries and partial wage coverage. Personal injury lawsuits allow you to seek full damages, including your pain and suffering and the potential for punitive damages.

Workers' compensation benefits are paid out on a speedier timeline. However, while personal injury lawsuits take longer, they could potentially provide a much larger recovery. The table below shows all of these differences at a glance.

Factor	Workers' Compensation	Personal Injury Lawsuit
Fault Requirement	No fault needed	Must prove negligence
Who You Sue	Employer's insurer	Third parties only
Damages Available	Medical expenses, partial wages, disability benefits	Full damages including pain & suffering, punitive damages
Timeline	Benefits paid quickly	Months to years
Potential Recovery	Limited by statute	Potentially much larger

When Workers' Compensation is the Better Choice

Workplace accident victims often wonder which path to take, and there certainly are scenarios when workers' compensation is the better choice. For example, if your employer or a coworker caused the accident, then choosing workers' compensation is ideal. The exclusive remedy doctrine applies here, and you would get immediate benefits in exchange for not filing a personal injury lawsuit.

Other scenarios that make workers' compensation a better option include:

• There was no third party involved in causing your injuries
• You need immediate medical coverage and wage replacement
• Fault isn't clear or would be difficult to prove

When a Personal Injury Lawsuit Makes More Sense

Just as workers' compensation is ideal in certain instances of workplace injuries, there are times when it makes more sense to file a personal injury lawsuit, including:

• When a third party caused your injuries, such as a contractor, manufacturer, or property owner
• Defective equipment or machinery caused your injuries, leading to a product liability claim
• Your injuries were caused in a motor vehicle accident involving a non-employer driver
• You suffered toxic exposure caused by a chemical manufacturer
• Your injuries are severe and workers' comp limits won't provide the full damages to cover your losses

In short, when you have a third-party claim as detailed in these scenarios, a personal injury lawsuit may be the best course of action. The Bruning Law Firm helps injured St. Louis workers understand the critical differences between workers' compensation claims and personal injury lawsuits, guiding them toward the option that maximizes their recovery for workplace injuries. Our workers' compensation attorneys can review your case and determine the best way to proceed.

Can You Pursue Both Workers' Comp AND a Personal Injury Lawsuit?

Yes, you can file dual claims that include a third-party lawsuit. Most injured workers don't even realize that this may be a possibility. For example, if you work as a construction worker and you are injured by defective scaffolding provided by an equipment supplier, you would have the chance to pursue dual claims.

Workers' compensation will cover your immediate medical expenses and wage needs while a personal injury lawsuit against the third party allows you to recover full damages, including pain and suffering. Subrogation allows the insurer to issue a workers' comp lien on personal injury recovery, which means it is vital to have St. Louis workers' compensation attorneys helping you get the maximum recovery you deserve.

Missouri-Specific Considerations

Injured workers in Missouri need to understand the statute of limitations, or time limit, allowed under state law. According to Missouri law, the workers' comp statute of limitations requires that you report your injury to your employer within 30 days and file your claim with the Division of Workers' Compensation within two years.

For personal injury, the statute of limitation is 5 years, and you will be subject to Missouri's pure comparative fault rule for these types of claims. This means if you are partially blamed, your compensation will be reduced by your share of fault. Don't wait to take action after your workplace injury. The Bruning Law Firm's attorneys can guide you toward the option that best maximizes your recovery for injuries on the job.

Get Help Deciding: Contact a St. Louis Workplace Injury Attorney

If you aren't sure what to do after being hurt on the job, The Bruning Law Firm helps injured St. Louis workers understand the critical differences between workers' compensation claims and personal injury lawsuits, guiding them toward the option that maximizes their recovery for workplace injuries. We provide free consultations to assist you with evaluating your options and handle cases throughout Missouri and Illinois. Put our attorneys' extensive 35+ years of experience to work for you by calling (314) 735-8100 or scheduling your free consultation with us online.