Legal Question in Workers Comp in Missouri

Re: Work comp

Assuming all the facts you stated were accurate, you may pursue the other driver without abandoning your work comp claim. You may have to give credit to one for compensation from the other. However, it has been my practice that Work comp insureres want to resolve their case sooner. They sometimes waive their right to a set off in order to close the file earlier.

If you do not already have an attorney for your work comp case, you should consult direlty with one, who can examine more of the details of your particular case.

Good Luck

Re: Work comp

You should be able to pursue both cases. There are several factors to consider. For example, if you need considerable medical treatment, it may be prefereable to have the workers' compensation insurance carrier pay for it. If you prefer to choose your own doctor, you may end up paying for the treatment yourself. Benefits paid by workers' compensation may have to be paid back if a third party recovery is made unless that reimbursement is waived. Consult an experienced injury attorney to get a clear picture of your rights.

Re: Work comp

It doesn't make sense to forgo your workers' compensation claim and pursue only the other party. While you are waiting, and court will take a couple of years, you could be receiving medical benefits and pay while you are out under work comp. Yes, your employer will get a portion of their payments back if you are successful, but if you are unsuccessful in the court case, you could wind up with nothing. Don't assume you will win in court just because you are right!