Missouri Workers’ Compensation When can you sue a co-worker?
The Missouri court recently allowed a lawsuit by an injured worker against a co-worker.
Generally, an injured worker is limited to the workers’ compensation system and cannot sue a co-worker. Although you receive medical care, a percentage of your lost wages, and permanent partial or total disability under the workers’ compensation system, you do not receive money for pain and suffering.
Thus, it is always important when you are injured on the job to see if there is a third party who you can sue.
In Brock v. Dunne, the court allowed a worker to sue a co-worker.
Mr. Brock’s hand became trapped in a rolling laminating machine, crushing his left thumb.
Mr. Brock’s supervisor had removed the safety guard and ordered Mr. Brock to clean the machine while the machine was still in operation.
The court found that the supervisor engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.
If a co-worker took action and that action purposefully and dangerously caused your injury, you may have an action against the co-worker in addition to your workers’ compensation claim.
If you have been injured while working, you need an experience workers’ compensation attorney. Please give me a call, Margaret E. Dean, Dean Law Office, LLC, 816-753-3100.
Licensed in Missouri and Kansas.
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