Joplin | Carthage | St. Louis

Free Consultation: (417) 623-0900

If you are injured on the job because of the fault of someone other than your employer, you can bring a personal injury action against the person/company at fault. A complication in this type of lawsuit is that the employer/insurer that paid workers’ compensation benefits has a right to be reimbursed from the money recovered in the personal injury lawsuit. This is called a right of subrogation, and can sometimes leave little money for the injured worker.

We recently settled a personal injury lawsuit for $600,000. The employer that paid workers compensation benefits tried to claim a right to nearly $280,000 of the settlement as reimbursement. This would have left very little money for our client. We filed suit against the employer and asked the Court to reduce the reimbursement amount. The Court agreed with our position and reduced the reimbursement to approximately $45,000. The employer appealed the decision.

We prepared legal briefs and appeared in the Missouri Court of Appeals to argue the case. We are happy to report that the Missouri Court of Appeals upheld the decision in favor of our client. This great result put an additional $235,000 in our client’s pocket. This was a hard-fought win for a very deserving client.

The worker’s compensation portion of the practice is led by Charles Buchanan, along with his son, Andrew Buchanan. Learn more about our experience and results with Workers Compensation cases in Missouri:

If you are wounded at the office, you are most likely entitled to compensation. In Missouri, the majority of companies have Employee’s Compensation insurance.

Submitting an employee’s payment claim against your company is just an ask for benefits. To recoup, you do not require to prove that your company was a mistake. The Joplin and St. Louis workers’ compensation lawyers at our company can aid you to ensure you know what sort of benefits you might obtain under employees’ settlement protection if you have actually experienced an injury on duty.

If you have actually been hurt at work, you are, (or will certainly be) managing a skilled insurance coverage adjuster. Workers’ compensation legislation is complicated, technological and also full of catches for the unknowing. We will represent you on a contingency charge basis. This implies that there is no attorney’s cost unless we recover money or advantages for you.

Workers’ Payment injuries come in several kinds. The injuries gone over below are just some instances of injuries that might be covered by Workers’ Payment law.

Figuring out the full Workers’ Compensation advantages you are qualified to receive can be made complex. The determination can rely on computations of your typical regular wage, which can be complicated relying on the market in which you function.

The insurance insurer will certainly typically suggest that your injury is not severe and will try to lessen your Employees’ Compensation advantages. We have been standing for injured Missourians for 35+ years. We know the benefits you are entitled to get, and we know just how to get them for you.

The legislation bans employers from striking back or victimizing a staff member for submitting an Employees’ Payment claim. The legislation provides staff members a right to recuperate advantages for work injuries, and also employers can not discriminate or retaliate versus employees for enforcing their lawful civil liberties. This law safeguards workers from being terminated, demoted or pestered for making job comp claims.

Carthage Office

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(417) 781-9706

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The choice of a lawyer is an important decision and should not be based solely on advertisements.

© 2019 Buchanan Williams & O'Brien, P.C.

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