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Workers Compensation Lawyer St. Louis, Missouri - Third Party Claim

Workers Compensation: Third Party Claims

Missouri Workers Compensation Attorney
Roskin & Hoffmann, LLC

If you are injured on the job, you may be able to bring a third party claim in addition to a regular workers compensation claim, thus increasing your potential recovery.


If you have been injured while at work you are entitled to workers compensation benefits for lost wages and medical expenses. In certain cases you may also pursue third-party claims against other negligent parties, such as a co-worker, after a workplace accident. At Roskin & Hoffmann, LLC our experienced workers compensation attorneys will not only help to recover your workers compensation benefits, but we will also pursue any additional claims against third parties. In cases where accidents result from negligent third parties, we may be able to collect additional damages including pain and suffering and monetary amounts for any additional personal losses you have suffered through.


Going Beyond Workers Compensation: Third Party Case Law


While Missouri workers compensation case law protects the employer from common law liability for breach of their duty to provide a safe workplace, this common law protection generally does not extend to third parties. Burns v. Smith, 214 S.W.3d 335, 337-338 (Mo. Banc 2007). In instances where a co-worker performed a negligent act that is considered something “extra” outside the employer’s duty to maintain a reasonably safe workplace, Missouri Courts have held that the injured employee may sue the co-employee whom committed the negligent act. State ex rel. Badami v. Gaertner, 630 S.W.2d 175, 177 (Mo.App.1982) (en banc).  For example, if a supervisor intentionally directs another employee to undertake an activity that the supervisor could reasonably foresee resulting in a particularly dangerous event, the Courts have allowed the injured employee to sue the supervisor. Id.


This test was applied in the Supreme Court case of Burns v. Smith, where a supervisor negligently applied a weld to a corroded water pressure tank then directed an employee to “run till it blows”. Burns, 214 S.W.3d at 336, 337. Subsequently, the employee was severely injured when the water pressure tank exploded.  Id. At 337. In this case, the Court stated that the “something more” test was met where the supervisor’s affirmative act created an “additional danger beyond that normally faced in the job-specific work environment”. Id. at 338. Where the “something more” test is met, workers’ compensation is not the injured employee’s exclusive remedy for injuries sustained at the workplace and courts have proper subject matter jurisdiction to hear such matters. Id.


Contact an Experienced Workers Compensation Lawyer


The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have extensive Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work or have questions regarding third party claims, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Compensation question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have extensive work comp experience. Learn more about Third Party Claims.

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Roskin and Hoffman


10900 Manchester Rd, STE 213
St. Louis, MO 63122
Office:(314) 821-9013
Facsimile:(314) 821-4580
Toll Free: (800) 338-6686

Representing Workers Compensation
Clients throughout the State of
Missouri, including, but not limtied
to, the following Counties:
St. Louis, Missouri Workers Compensation Lawyer / Attorney

Contact Us     Site Map     Privacy Policy    Disclaimer    Reviews ------------------------------------------------------Copyright 2011 Roskin & Hoffmann, LLC

Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Every case is different and must be judged on its own merits. Past case results afford no guarantee of future results. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The Roskin & Hoffmann, LLC handles workers compensation, personal injury, work injury, work comp and workman compensation cases throughout Missouri. We represents injured clients in St. Louis, Kansas City, Springfield, Jefferson City, Columbia, St. Louis County MO and Saint Charles.

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