In the vast majority of workers’ compensation cases, punitive damages are not available. However, some workers’ compensation situations leave open the possibility for filing a personal injury claim, as well. Taking this opportunity when it arises is essential for hurt workers, as it can better ensure that they receive the full amount of compensation that they deserve.
The General Rule: No Punitive Damages in Workers’ Compensation
For the most part, workers’ compensation claims cannot produce punitive damages because the workers’ compensation system – in Missouri as well as in other states – drastically limits the types of recovery that is available. This is the trade-off that is inherent in the workers’ compensation system: In exchange for a simplified and expedited process for receiving compensation for work injuries, victims give up their right to sue their employers in court and pursue the full amount of their lost wages, as well as compensation for their pain and suffering and their family’s loss of consortium.
Importantly, by making workers’ compensation the exclusive remedy for workplace injuries, it also includes giving up the right to demand punitive damages.
However, there are three important exceptions to this rule:
- When employers do not have workers’ compensation insurance,
- Intentional injuries, and
- In third-party lawsuits.
Uninsured Employers
In Missouri and elsewhere, employers are legally obligated to carry workers’ compensation insurance in most circumstances. If they do not fulfill this legal obligation, then they cannot make use of the protections afforded to employers by the workers’ compensation system. This means, if you work for an uninsured employer and you get hurt at work, you can file a personal injury claim against your employer rather than a claim for workers’ compensation.
That personal injury claim can demand all of the sorts of compensation available in these cases, including those that are unavailable in workers’ comp cases, such as punitive damages.
Intentional Injuries
The workers’ compensation system only covers workplace accidents. If you were hurt by deliberate acts of your employer, like if you were assaulted in the workplace, you can file a personal injury claim rather than one for workers’ compensation. That personal injury claim can demand punitive damages.
Third-Party Lawsuits
If the workplace accident was caused by someone unrelated to your employer – like if you are a truck driver and another vehicle causes a car accident – you can file for workers’ compensation and sue the person responsible for your injuries at the same time. These lawsuits are known as third-party claims and are not limited to the types of damages that are available in workers’ compensation claims. You can recover punitive damages in them, even though you are also pursuing a claim for workers’ compensation.
Any amount that you recover in your personal injury claim, though, would be subject to a lien by the workers’ compensation insurance company, letting that company recover what it had already paid out to you from your personal injury settlement or verdict.
Workers’ Compensation Lawyers at the Smith Law Office in St. Joseph
If you have been hurt at work in St. Joseph, Kansas City, Springfield, or the rest of western Missouri, call the workers’ compensation lawyers at the Smith Law Office at (816) 875-9373 or contact them online.