Missouri Workers Compensation Case - Construction Worker Suffered Broken Back and Fractured Vertebrae after Roof Scaffold Failed - Spinal Fusion - Pelvic Fibromyalgia - Permanent Disability
St Louis Missouri Work Comp case resulted when my client, Tim, who is a local contractor, was working on a residential roof in the St Louis area when the scaffold or roof rail failed, he fell two stories and landed flat on his back causing extensive personal injury. Unfortunately, this injury included several fractured vertebrae requiring multiple surgeries, physical therapy, pain medication, and regular medical treatment for the last two years. Sadly, Tim is not likely to ever recover and has a permanent total disability under Missouri's Worker's Compensation.
What does this mean to you if you are injured at work? Under Missouri law, work related injuries, regardless of the employer's fault (unless there is "Something More" see below) limits the employee to the exclusive remedy of Workers' Compensation insurance only. Meaning, the employee cannot sue the employer for negligence! Medical treatment is paid, TTD pay is made until the employee returns to work, then a lump sum is often paid based on the percentage of disability and the part of the body that the injury is to. This amount is almost always less than an average jury would award for like injuries.
In cases such as Tim's, he does not have a cause of action against the employer through the negligence of the other employee, despite the fact an employee failed to nail the scaffolding and caused its failure. Tim does not have a cause of action outside of work comp because their was only negligent failure to nail the scaffolding and no affirmative negligence. After his workers' compensation case is resolved he will likely be put on social security disability based on the severe nature and extent of his injuries.
Many lawyers to not pursue work related injuries to the fullest extent and fail to pursue the "something more" cases or the 3rd party liability. On example is a past client, Marla, she suffered a carpal tunnel type injury over the years as a result of her work duties. The doctor her worker's compensation insurer sent her to performed surgery to correct the problem, but the surgery was performed negligently, resulting in a cut nerve. Her first lawyer filed and tried to quickly settle her worker's compensation case and refused to pursue her medical malpractice claim. She came to me and we took over her case, got her an excellent settlement for her worker's compensation case (more than double the amount her first lawyer told her to take) and then pursued the medical malpractice case and got her a great settlement.
Under Missouri Workers' Compensation law, in a limited number of cases, the employee can go after the employer if the employer or an agent of is at fault. This is called the "something more" standard and is a high standard that is rarely met. Basically, the employer's misconduct has to be "affirmative negligence" usually by a supervisor in order to pierce the protection and often exclusive remedy of Workers' Compensation.
It is important to hire a personal injury lawyer that is willing to pursue your case if "something more" may be present or to pursue the 3rd party liability claim. All too often a client comes to me after their previous lawyer settled their worker's compensation claim quickly but refuses to pursue a claim against a 3rd party because they are looking for the easy money and do not want to work hard for you. I pursue all my clients' claims to the fullest extent.
In February 2007 the Missouri Supreme Court discussed the “something more” history in the case of Burns v. Smith, SC87789, 2007. The Court recognized that several appellate court decisions created a “reasonable person” standard to co-employee liability. In the cases that have recognized that the ‘something more’ requirement has been met, the supervisor personally participated in the activity constituting the ‘something more’ by directing the employee to participate in acts that were dangerous and that a reasonable person would recognize to be beyond the usual requirements of the employment.
