Can I get Missouri Work Comp After a Car Accident? Springfield Missouri Personal Injury Attorney
If you have been injured in an auto accident while on-the-job, you may be eligible for Missouri Workers’ Compensation benefits as well as being able to recover compensation from the driver of the vehicle that hit you. This means that you can start receiving Missouri Work Comp benefits very quickly, without giving up the right to full compensation in the long run. However you will be required to pay back the work comp carrier and your situation is more much more complicated than a regular auto accident or a normal Missouri Work Comp case. You need the help of an experienced Springfield personal injury attorney who knows Missouri Workers Compensation to protect all of your legal rights and make sure you receive every nickel you are due.
Missouri Workers’ Compensation
If you are eligible for Missouri Workers’ Compensation, you should file a claim right away. Most employees are covered by Workers’ Compensation insurance, carried by their employers. You do not need to prove fault to receive your Missouri Workers’ Compensation benefits, but you will need to prove that your accident occurred in the course and scope of your employment. Examples of the type of travel covered by Missouri Workers’ Compensation include:
- Running errands for your employer
- Making deliveries, even if that is not your primary role as an employee
- Attending meetings
- Attending social events that are required by your employer
- Out-of-town business travel (even out of state may be covered)
Commuting to and from work is usually NOT covered, but there can be some exceptions. If you were running an errand for your employer on your way to or from work, you may be covered. If you were on-call and got into an accident after being called in, you may be covered. There are other special circumstances, too. An attorney can determine if Missouri Workers’ Compensation applies in your unique situation.
Car Accident Lawsuit
Missouri Workers’ Compensation benefits are very limited. Your basic medical care is covered and you can receive partial replacement for your lost income. Either Temporary Total Disability, which works out to about 2/3 of your pre accident pay (there are Missouri State Maximum caps on this) It’s important to understand that in Missouri your employer gets to pick your medical treatment provider i.e. your doctor, so it is VITALLY important that your notify the employer of the accident IMMEDIATELY!
If someone else was to blame for your accident, you can receive full compensation, including pain and suffering, through a personal injury lawsuit. Missouri Work Comp will not compensate you for pain and suffering. This is typically against the at-fault driver’s insurance company, but could also be against an automaker responsible for a defective vehicle accident or a claim against a government entity responsible for defective roadway.
You could even get Missouri Work Comp benefits if you were at fault for the accident
If you pursue a personal injury claim, you still receive your Missouri Workers’ Compensation benefits in the meantime. If you receive compensation through a personal injury settlement or verdict, the Workers’ Compensation insurance company will be reimbursed for what it paid you out of the money that you win. A personal injury attorney may negotiate with the Missouri Workers’ Compensation insurance carrier to minimize what they get back and maximize what you get to keep.
If you have been injured in car accident on the job, you can learn more about your rights and how you can recover damages for your losses by giving us a call at 1-800-345-0535 or 417-883-5886.
strong>If you would like more information about the Missouri Work Comp process, please request my FREE ebook report Understanding Your Missouri Workers Compensation Case.
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If you or or a family member was injured at work or in an on the job accident, The Krebs Law Firm LLC offers a free case evaluation if you have questions.
Many people may be worried that they do not have the money to pay for a Springfield Missouri Workers Compensation Injury Lawyer or Lebanon work comp attorney when they were injured at work but we only handle work comp, accident cases and Social Security Cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. Simply call (417) 883-5886 or (800) 345-0535 for your free case evaluation today.