In Missouri when a person is injured on the job they are likely to receive workers compensation benefits if the employer has five or more workers and is not one of the exempt employers under state law. The worker, under some circumstances, may also bring a personal injury case, but may not sue the employer for negligence. Under current Missouri law the employer, or the employers workers compensation insurance company "owns" part of the injured workers personal injury claim.
A typical example would be a company delivery person driving down the road who is in a car crash with another car. If the worker was injured by the other motorist he has a workers compensation claim against his employer because he was injured on the job, and a personal injury claim against the driver who injured him.
The employee should receive medical payments and weekly wage payments from workers compensation. The employee may also receive an award, depending on the severity for permanent injury. However, any money the injured worker gets from a personal injury settlement or successful lawsuit will be subject to the employers or insurance companies right to be paid back for the money they paid out to the worker. In addition, any money the injured worker receives beyond what had to be paid back will be a credit against any future benefits the employer or the workers compensation insurance company may have to pay out in the future. For example if the injured driver received $100,000.00 from a personal injury settlement and had paid back the employer $20,000.00 of benefits paid out under workers compensation the worker will not receive any additional benefits until the the injured work used up the credit from the balance of the settlement. This assumes that the injured work still had a claim to future medical care for the injury suffered. In many serious injury cases the future medical is estimated, and a reduced value is agreed upon as a settlement with the worker compensation insurance company. This gives the injured worker something to survive on until the personal injury claim can be brought to court. However, the workers compensation carrier keeps the claim for reimbursement from the personal injury proceeds.
In serious injury cases this means that injured workers appear to the public to be double dipping by receiving workers compensation and pursuing a personal injury claim, while in fact they will pay back those benefits out of anything they receive. This leaves injured workers vulnerable to be under compensated for their lost wages, medical bills and future lost wages and medical bills by juries who don't understand the system.
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