Quick Answer
A form of insurance providing wage replacement and medical benefits to employees injured during the course of employment.
Workers' Compensation
A form of insurance providing wage replacement and medical benefits to employees injured during the course of employment.
Personal Injury Claim
A legal dispute that arises when one person suffers harm from an accident for which someone else may be legally responsible.
Workers' Compensation: No-Fault
Workers' compensation operates on a no-fault basis. Whether the accident was your mistake or due to employer negligence, you are generally entitled to benefits.
Personal Injury: Fault-Based
To succeed in a personal injury claim, you must prove that another party was negligent or at fault for your injuries.
Workers' Compensation
Limited to medical expenses and a portion of lost wages. Does not cover pain and suffering.
Personal Injury Claims
A wider range of damages can be sought, including medical expenses, full lost wages, pain and suffering, and emotional distress.
Workers' Compensation
Claims are generally submitted to the state Workers' Compensation board.
Personal Injury Claims
Claims are often filed in civil court, unless a settlement is reached beforehand.
Workers' Compensation
In Missouri, you generally have two years from the date of the injury to file a claim.
Personal Injury
In Missouri, the statute for personal injury claims is five years from the date of the accident.
Workers' Compensation
Often, a lawyer is not required, but they can be beneficial, especially in complex cases or if the claim is denied.
Personal Injury Claims
Having an attorney is almost always advisable due to the complexities involved in proving fault and negotiating with insurance companies.
Conclusion
Knowing the difference between Workers' Compensation and Personal Injury Claims in St. Louis can significantly affect the compensation you may be entitled to. Always consult with legal professionals to understand which avenue is best suited for your specific circumstances.