Why you usually cannot sue your employer

Missouri’s workers’ compensation law pays for work injuries no matter who was at fault. In return, it is usually your only remedy against your employer (RSMo 287.120). That is why most hurt workers cannot sue their employer.

The same law mostly protects your coworkers too. The exception is narrow. A coworker can be sued only for a careless act that purposely and dangerously caused or raised the risk of injury. That is hard to prove.

The law does not protect everyone else

The protection covers your employer. It does not cover outside people and companies. Missouri law expects that a “third person” may be responsible for a work injury (RSMo 287.150). A claim against that outside party is called a third-party claim. That claim is what this page is about.

Your workers’ compensation benefits are a separate claim, handled in a separate system. The firm’s work here is the claim against the outside party.

Who might be a third party

Finding a third party means looking at who controlled the worksite and the equipment. Common examples:

• Other contractors on the job. On a building site, another company’s crew may create the danger that hurts you.
• Property owners. If you are a delivery driver or repair tech hurt at a customer’s place, you may have a claim against the owner. See the slip and fall page.
• Equipment makers and sellers. A machine with no proper guard. A ladder that breaks. A tool with a poor warning. See dangerous product claims.
• Other drivers. If you drive for work and another driver hits you, you may have a claim against that driver. See the car accident page.
• Staffing agencies. If an agency placed you, who counts as your employer is a key question to sort out early.

How your workers’ comp insurer shares in the recovery

Say you win money from the outside party. Your employer’s comp insurer has a right to be paid back from it for benefits it paid (RSMo 287.150). Lawyers call this subrogation.

But the insurer must also pay its fair share of the cost of winning that money. That includes a share of the attorney fee. The rest is split under a formula in the law, unless you and the insurer agree to something else. The same rights apply when a work injury causes a death.

The key point for you: the two claims affect each other. Settling one without planning for the other can cause problems. So the firm works with whoever handles your comp claim.

Why a third-party claim can matter to you

Workers’ comp benefits are set by law. They do not pay for pain and suffering. A third-party claim is a regular injury lawsuit. It can seek the full range of losses Missouri law allows. But you must prove the outside party was careless. And they may argue you share the blame.

1. Report your injury to your employer, as the comp system requires.
2. Write down every company working at the site and every machine or tool involved.
3. Take photos of the scene and the equipment.
4. Keep copies of your comp claim papers. The third-party case will need them.

Your deadline to sue, and next steps

You generally have five years to file a third-party lawsuit (Missouri law, RSMo 516.120). That is separate from the deadlines in the comp system. The deadline guide explains when the clock starts.

Harjot Singh Padda, JD looks at your work injury to find out if anyone besides your employer is responsible. Your first meeting about an injury is free. If you hire the firm, you pay a contingency fee. A written agreement spells out the percentage and how case costs are handled.

Common questions

Related reading

• Personal injury cases in St. Louis
• Dangerous product claims
• Back and neck injuries
• Wrongful death claims