Legal Question in Workers Comp in Missouri

Compensation Above Normal Expenses

An individual is injured on the job and requests an amount of money above and beynd medical and lost wages. Why should they be entitled to this if the accident they received injury from was due to their own negligence?


Asked on 4/09/02, 2:17 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Compensation Above Normal Expenses

Historically, before modern worker's compensation laws were enacted, workers hurt or killed on the job most often received no compensation whatsoever. Often widows and surviving children were left destitute. In most cases the employers were not benificent enough to pay anything they were not absolutely required to pay. Of course there have always been exceptions. Special statutes were eventually passed in all states which set forth very specific rules for employers, setting forth when workers compensation insurance is required, how compensation is to be calculated, how medical treatment is provided and paid for, and so forth. The legal principles of contributory negligence, or even comparative negligence, do not generally apply in workers compensation cases,but then the employee is not allowed in most cases to sue the employer other than to pursue remedies available through the workers compensation law. I hope that this response has been helpful. If you are in need of legal services and you are not already represented by legal counsel you may call me for a free telphone consultation at 314-727-2822.

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Answered on 4/09/02, 10:05 pm


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