You have the right to work in a safe work environment!
Regardless of what industry you are employed in, you have the right to work in a safe environment. If your boss fails to take measures to protect their employees, then they can be held liable. The first way that an employee can be compensated if they are injured when they are on the job is to file a workers’ compensation claim. In Missouri, employers are required by law to have workers’ compensation insurance to ensure that they can cover the medical costs of any employee who is injured while performing under the scope of their employment.
However, if you are injured while on the job and you can prove that your injuries were directly due to your employer’s negligence, then it might be possible for you to sue your employer and initiate a personal injury case. Personal injury law is guided by the theory of negligence. So if you are injured while at work, and your employer was negligent because they didn’t take reasonable care to keep you safe, then you might have a case for a personal injury claim instead of filing a workers’ compensation claim.
The Difference Between Personal Injury and Workmens Compensation?
Just because you are at work, however, that does not mean that you are automatically eligible for workers’ compensation coverage. For instance, if you were at work and you tripped in the lunchroom, then you were not injured while performing under the scope of your employment. But that does not necessarily mean that you don’t have a case for compensation.
If you tripped in the lunchroom because your boss had not taken the proper steps to make sure that your workplace was safe, then you might be able to sue them for personal injury due to premises liability. If you want to initiate a case for premises liability, then you would have to prove that your employer was aware that a defect in the floor existed, that they could have foreseen that it could cause injury, that they failed to make it better, and that you were actually injured.
The major difference between collecting a workers’ compensation claim and suing for personal injury is negligence. For workers’ compensation, you do not have to show that anyone was negligent, just that you were performing work-related activities. If you want to pursue a personal injury case, then you have to prove that your employer was negligent and that it was that negligence that led to your injuries. To figure out which you are entitled to, it is best to start with talking to a St. Louis workers’ compensation attorney about your case and go from there.
St. Louis Work Accident Lawyer
If you have been injured at work due to your employer’s negligence, contact the Law Office of James M. Hoffmann. For over 30 years our firm has been helping injured workers receive the compensation they need. Call us to request a free consultation at (314) 361-4300 or fill out our online case evaluation form.