Being hurt by industrial machinery can raise more than one type of legal issue. An injured employee may qualify for workers’ compensation benefits while a separate claim against a manufacturer, maintenance contractor, or another outside party may also need to be considered.
The workers’ compensation attorneys at Brown & Brown Attorneys at Law help injured workers in St. Louis, Missouri, understand that distinction. Mark Cordes has handled Missouri and Illinois workers’ compensation claims since 1993. Founding Partner Dan Brown concentrates on both workers’ compensation and personal injury, giving the firm experience with the two areas of law that may overlap after a machine accident.
Workers’ Compensation and Third-Party Claims Are Not the Same
Missouri workers’ compensation generally provides benefits for covered injuries that arise out of and in the course of employment. Workers usually do not need to prove that their employer was negligent to qualify.
For covered claims, workers’ compensation is generally the remedy against the employer. Missouri Revised Statute 287.120 (opens in new tab) addresses this framework.
That does not mean an injured worker should assume workers’ compensation is the only possible source of recovery. If a separate company or person contributed to the injury, a third-party claim may also exist. Missouri Revised Statute 287.150 (opens in new tab) addresses claims involving third parties and their relationship to workers’ compensation benefits.
Possible third parties can include:
- A machine or component manufacturer
- A maintenance or repair contractor
- An equipment rental company
- Another contractor on the job site
- A property owner
- An outside company operating machinery
Our product liability attorneys can evaluate situations in which a machine or component may have been defective. Our discussion of forklift accident claims also explains why identifying the responsible party matters.
What Can Workers’ Compensation Cover?
Missouri workers’ compensation may provide benefits related to authorized medical treatment and a portion of lost wages when an injury keeps an employee from working. Benefits may also be available for temporary or permanent disability, depending on the nature and lasting effects of the injury.
A third-party personal injury case serves a different purpose and may allow recovery for categories of loss that workers’ compensation does not cover in the same way. When both types of claims are possible, they must be coordinated because one recovery can affect the other.
What Causes Work Machine Injuries?
Machinery accidents can occur in warehouses, construction settings, factories, commercial kitchens, and many other workplaces. Contributing factors may include:
- Missing or damaged guards
- Mechanical failures
- Electrical problems
- Defective components
- Improper maintenance
- Inadequate warnings or instructions
- Unexpected startup
- Forklift or crane incidents
- Unsafe interaction between workers and moving equipment
These incidents can cause burn injuries, electrical injuries, fractures, crush injuries, amputations, internal trauma, and spinal injuries.
The Condition of the Machine May Matter
Industrial equipment can be repaired, moved, altered, or returned to service soon after an accident. Those changes may make it harder to determine what condition the machinery was in when someone was hurt.
Depending on the circumstances, relevant material can include photographs, incident reports, maintenance logs, operating manuals, inspection documents, training materials, witness accounts, and the equipment itself.
An injured employee generally does not control workplace machinery and should not interfere with or attempt to preserve equipment personally. An attorney can determine whether photographs, inspections, formal preservation requests, or other steps are appropriate for documenting its post-accident condition.
Reporting a Missouri Workplace Injury
The Missouri Division of Workers’ Compensation advises employees to report workplace injuries promptly. Failing to notify an employer within 30 days can jeopardize benefits in some circumstances.
A formal Missouri workers’ compensation claim generally must also be filed within two years of the injury, death, or last payment made on account of the injury. A three-year period can apply in certain situations when the employer fails to timely file its Report of Injury. The Missouri Department of Labor provides more information about reporting an injury (opens in new tab) and filing a workers’ compensation claim (opens in new tab).
Because exceptions can affect these deadlines, it is better to verify the time limit for your particular claim than to rely on a general rule.
Why Choose Brown & Brown for a Work Machine Injury in St. Louis?
A machinery accident may require someone who understands both the workers’ compensation system and personal injury claims against outside parties. Brown & Brown has attorneys working in both areas.
Mark Cordes has handled Missouri and Illinois workers’ compensation matters since 1993, while Dan Brown’s practice includes both workers’ compensation and personal injury. That combination allows our firm to evaluate the workplace claim without overlooking a manufacturer, contractor, or other outside business that may have contributed to the injury.
Brown & Brown Workers’ Compensation Results
Brown & Brown achieved a $230,000 settlement for a 60-year-old employee whose traumatic neck injury left him unable to return to work.
Our firm also obtained a $150,000 trial award in a denied claim involving an employee who fell from a ladder and suffered fractures to his elbow, ribs, and pelvis. The award included past medical expenses, lost-time benefits, and permanent disability.
These results are from Brown & Brown’s workers’ compensation practice and are not presented as work-machine-specific outcomes.
Previous results do not guarantee future case outcomes. However, they show the results we has been able to obtain for our clients. Every workplace injury involves different circumstances.
Find Out Which Claims May Apply
You should not have to guess whether a machinery accident belongs only in the workers’ compensation system or may also involve an outside party. Brown & Brown Attorneys at Law can review both possibilities. Call (314) 333-3333 or contact us for a free case review in St. Louis, MO.
