Toward the end of last year our law firm settled a case for a man who suffered moderately severe injuries in a truck accident. The special circumstances that made this case somewhat complex was the fact that our client was in the course of his part-time employment at the time of the accident. The collision happened late at night while our client was in the course of making a delivery in a box truck. Without warning, a drunk driver hit our client’s truck at a high speed. Because he was working, his legal claims related to his injury case were special. His case is the focus of this article.
Because our client was working at a part-time job at the time he was injured, he had a claim for Missouri Worker’s Compensation benefits. Under Missouri law, our client, in addition to the separate claims against the drunk driver, was entitled to three special benefits provided by his employer’s worker compensation:
- Medical and rehabilitation treatment;
- Compensation for his lost income; and,
- Compensation for his permanent partial disability that resulted from the accident.
Our legal representation in his worker compensation claim insured our client could maximize both his medical and financial recovery.
Additionally, apart from his worker compensation claim, our client had a separate claim related to the drunk driver’s auto insurance coverage. It was vitally important to our client that we worked to maximize his claim against the drunk driver. This claim covered items not obtainable under the worker compensation claim, including claims related to our client’s past, present, and future pain, suffering, discomfort, and mental anguish associated with his accident injuries and his medical recovery.
The reason zealous legal representation was so important in this case is because there are special legal complexities involved in a case with both worker compensation claims and separate claims against those who caused the accident injuries. In this case, because my client made a financial recovery on the claim against the drunk driver, the law provides that the worker compensation insurance company will be entitled to a reimbursement of the benefits they paid in the case. This reimbursement law is why it was so important to maximize the recovery on the drunk driver claim.
Over the years our law firm has handled over 25 cases that involve both a worker compensation and a separate auto claim. A primary issue I face in these special cases has to do with medical care for the injuries suffered by my client. In many cases it may work better for my client to follow through with their personal physician versus going to the doctor provided by worker compensation. The reason for this is that your personal physician is familiar with your medical history and will be able to provide a level of care that you are accustomed to. Not only do I want to maximize the client’s financial recovery, I also want to make sure my client gets the best medical care available.
The Horn Law Firm is based in the greater Kansas City area and handles worker compensation claims throughout western and southern Missouri, including Bates County, Benton County, Boone County, Buchanan County, Carroll County, Cass County, Clay County, Clinton County, Greene County, Henry County, Johnson County, Lafayette County, Pettis County, Platte County, Polk Couty, Ray County, St. Clair County, and Saline County.
I offer free consultations in any type of personal injury matters, including worker compensation claims. Because there are special rights and responsibilities involved with any on-the-job injury, it is important an injury victim consult with competent legal counsel as soon as possible.
