A coworker’s mistake left you hurt. You shouldn’t have to figure out what happens next on your own.
You were doing your job. Another worker wasn’t paying attention — or made a careless mistake — and now you’re hurt. Maybe they were operating equipment recklessly, didn’t follow a safety procedure, or simply weren’t watching where they were going. Whatever happened, the result is the same: you’re dealing with pain, medical bills, and uncertainty about what comes next.
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Does It Matter Who Was at Fault?
In most cases, no — not for purposes of your Missouri workers’ compensation claim.
Missouri’s workers’ compensation system is a no-fault system. That means you generally don’t need to prove that your employer or a coworker was negligent to receive benefits. If you were injured while doing your job, you may be entitled to medical treatment, wage replacement, and other benefits — regardless of who caused the accident.
This is one of the key distinctions between workers’ comp and a personal injury lawsuit. You don’t need to establish fault to file a claim. What matters is whether the injury happened in the course of your employment.
What Benefits May Be Available?
Depending on the facts of your case, a Missouri workers’ compensation claim may cover:
- Medical treatment — Reasonable and necessary medical care related to your work injury, including doctor visits, surgeries, physical therapy, and prescription medications.
- Temporary total disability (TTD) — If your injury keeps you from working, you may receive wage replacement benefits while you recover.
- Permanent partial or total disability — If your injury results in lasting limitations or an inability to work, additional benefits may apply.
- Vocational rehabilitation — In some cases, assistance with retraining or finding a different type of work may be available.
Every case is different, and the benefits available to you depend on the specific facts of your situation.
Can You Sue a Coworker Directly?
This is where things get more complicated, and it’s worth understanding clearly.
Missouri law generally provides that workers’ compensation is the exclusive remedy against an employer for a workplace injury. That protection often extends to coworkers as well — meaning a civil lawsuit against the coworker who hurt you may not be an option in most situations.
There are exceptions. If the coworker acted with deliberate intention to cause harm — not just carelessness, but intentional misconduct — a separate civil claim might be possible. These situations are uncommon and fact-specific.
If a third party caused your injury — for example, the driver of a delivery vehicle, a contractor on-site, or the manufacturer of defective equipment — a separate personal injury claim against that party may be possible alongside your workers’ comp claim. Attorney Hoffmann can help you understand whether any third-party claims may apply to your situation.
What Should You Do After a Coworker Causes Your Injury?
The steps you take in the days immediately following a workplace injury can significantly affect your claim.
Report the injury right away. Missouri law requires you to notify your employer of a workplace injury within 30 days. Don’t wait. Report it in writing if possible, and keep a copy.
Get medical treatment. Seek medical attention promptly. In Missouri, your employer or their insurance carrier typically has the right to select your treating physician, at least initially. Follow the treatment your authorized doctor recommends.
Document what happened. Write down exactly what occurred — what the coworker did, where you were, who witnessed it, and what injuries resulted. Gather any photos, incident reports, or other documentation.
Be careful what you say to the insurance carrier. The employer’s workers’ compensation insurance company is not on your side. Recorded statements can be used to reduce or deny your claim.
Talk to an attorney. Even if your claim seems straightforward at first, coworker-caused injuries can raise questions about fault, coverage, and whether third-party claims apply. Getting legal guidance early protects your rights.
What If the Insurance Company Disputes Your Claim?
Unfortunately, disputes are common — even when the facts are clear. Insurers may argue that your injury wasn’t work-related, that you had a pre-existing condition, or that your restrictions don’t support the benefits you’re claiming.
If your claim is denied, delayed, or undervalued, you have the right to challenge that decision. Missouri workers’ compensation has a formal dispute resolution process, including hearings before the Division of Workers’ Compensation.
The Law Office of James M. Hoffmann has represented injured Missouri workers for more than 30 years. Attorney Hoffmann handles denied claims, employer disputes, insurance company challenges, and cases involving complex questions about third-party liability.
Talk Directly With Attorney James M. Hoffmann — Free Consultation
The Law Office of James M. Hoffmann focuses exclusively on Missouri workers’ compensation. When you call, you talk directly with Attorney James M. Hoffmann — not a case manager or intake specialist. He has represented injured Missouri workers for more than 30 years and has helped clients recover more than $100,000,000 in benefits and settlements.