Workers' Compensation vs. Personal Injury Claims

At Liberty Trial Law Group, we often hear from folks who have been hurt on the job and don’t know where to start. They ask whether they should file a workers' compensation claim or a personal injury lawsuit. 

Both are legal ways to recover after an injury, but they aren’t the same. Missouri law treats these claims differently, and understanding those differences can help protect your health, your income, and your legal rights.

We’ve helped many workers across Missouri who thought their only option was workers’ compensation, only to learn they might also have a valid personal injury claim. The path you choose can affect how much compensation you receive, how long the process takes, and what kind of recovery you can expect.

Workers’ Compensation in Missouri

Workers’ compensation is a no-fault system designed to provide quick benefits to employees who get hurt at work. In Missouri, employers are required to carry workers' compensation insurance if they have five or more employees, or just one if they’re in construction.

This system covers most injuries that happen during the course of employment, even if no one did anything wrong.

When someone files a workers’ compensation claim, they’re usually limited to medical care, partial wage replacement, and sometimes a lump-sum settlement for permanent injuries. 

Pain and suffering, emotional distress, and full wage loss aren’t part of this system. The goal is to get the injured worker back on the job or, if that’s not possible, provide some support for future income loss.

One of the challenges we often see is that the employer’s insurance company chooses the doctor. That can lead to frustration, especially if the worker feels their pain isn’t being taken seriously or if they’re being rushed back to work too soon. Still, this system offers guaranteed benefits in most situations, without the need to prove fault.

What Personal Injury Claims Provide

Unlike workers’ compensation, a personal injury claim allows someone to recover for the full range of losses—including pain and suffering, emotional harm, full lost wages, and future earning potential. But it also requires proof that someone else caused the injury through carelessness, recklessness, or misconduct.

Personal injury law in Missouri applies when a third party—not the employer—is responsible for the injury. We often see this in construction accidents, delivery driving incidents, or injuries involving faulty machinery.

Some examples of third-party responsibility that may support a personal injury claim include:

• Negligent subcontractors on job sites who ignore safety protocols
  
  

• Property owners who fail to maintain safe working conditions
  
  

• Equipment manufacturers whose defective products cause harm
  
  

• Drivers who crash into employees working on the road
  
  

• Vendors or service providers who create hazards at a worksite

If a subcontractor, property owner, or equipment manufacturer caused the accident, a personal injury claim may be available alongside workers' compensation.

There’s no cap on the damages in most Missouri personal injury cases, except in certain medical malpractice situations. That means if you’re seriously hurt, you could be entitled to far more than what workers’ compensation provides. 

We work hard to present a complete picture of how the injury has changed someone’s life, so juries or insurance companies see the real impact.

Can You File Both?

Missouri law allows some injured workers to pursue both a workers’ compensation claim and a personal injury lawsuit, depending on the facts. This is known as a third-party claim. 

We’ve seen cases where a worker was hit by another driver while on the clock, or where unsafe equipment caused a workplace injury. In those cases, workers’ compensation may cover the immediate medical care and wage replacement, while the personal injury lawsuit goes after the third party responsible.

When both claims are possible, we make sure the two cases are coordinated properly. The workers’ compensation insurer may have a right to be paid back out of any personal injury settlement, so the strategy needs to be carefully handled. 

We work to reduce or eliminate those reimbursements wherever Missouri law allows, so our clients keep more of what they recover.

Having both claims can make a huge difference in someone’s recovery, especially when pain, trauma, and long-term care are involved. We’ve helped workers who thought their injury would ruin their future find hope through a strong personal injury case.

Proving Fault in Personal Injury Cases

One of the key differences between these two types of claims is that personal injury cases require evidence of fault. In Missouri, we follow a rule called "pure comparative fault," which means even if the injured person was partly to blame, they can still recover. Their compensation just gets reduced by their share of fault.

For example, if someone is hurt in a car accident while driving for work and they were 20% at fault, they could still recover 80% of their damages. This rule makes it possible to pursue compensation even in situations where responsibility is shared.

To build a strong personal injury case, we gather photographs, witness statements, accident reports, medical records, and sometimes expert analysis. These details help tell the story of what happened, how it could have been avoided, and who should be held responsible.

This is especially important in work settings involving multiple contractors or third-party vendors. Missouri courts will consider whether proper safety steps were taken and whether someone outside the injured worker’s employer caused or contributed to the harm.

Medical Treatment Differences

In a workers’ compensation claim, the employer’s insurer usually controls the choice of doctor. That can feel limiting, especially if the worker disagrees with the care or feels ignored. Workers sometimes call us after being denied additional treatment or sent back to work before they feel ready.

In a personal injury claim, the injured person chooses their own doctors. That allows for more control over the treatment and recovery process. While this care may have to be paid for up front or through health insurance, those costs are later claimed as damages in the personal injury case.

We often advise our clients to keep detailed records of their care and how their injury has affected their daily life. These records help us present a full, honest picture of their suffering and recovery, something that makes a difference when it’s time to negotiate or go to court.

Pain and Suffering Aren’t Covered by Workers’ Compensation

One of the biggest differences is how pain and suffering are handled. Missouri workers’ compensation doesn’t pay for emotional harm, mental anguish, or loss of enjoyment of life. These human experiences often matter just as much as medical bills, yet the system offers no relief in those areas.

That’s where a personal injury claim can provide real relief. If someone’s injury leads to depression, anxiety, or the loss of their ability to enjoy family or hobbies, that harm can be considered in the value of the case. 

We help injured workers show how their life has changed—whether it's sleepless nights, missed milestones, or the inability to care for loved ones.

These emotional injuries are real, and Missouri personal injury law recognizes them. Our job is to make sure they’re heard and fairly compensated.

Time Limits Matter

Both workers’ compensation and personal injury cases are subject to deadlines. In Missouri, injured workers must typically notify their employer of an injury within 30 days and file a formal claim within two years. If the employer doesn’t provide benefits, that window may extend to three years.

For personal injury claims, the statute of limitations is five years from the date of injury. That time passes quickly when someone is recovering from trauma, so we always recommend speaking with us sooner rather than later.

We’ve met people who had a valid personal injury claim but lost their chance to recover because they waited too long. Missouri courts are strict about deadlines, and missing one could mean giving up your rights forever.

Choose the Right Path

When someone is hurt on the job, the first instinct is to file for workers’ compensation. And for many, that’s the right move. But it may not be the only option. 

At Liberty Trial Law Group, we take the time to look at all the facts. If there’s another party responsible—whether it’s a property owner, driver, contractor, or manufacturer—we explore a personal injury case alongside the work comp claim.

That combination can make all the difference. Personal injury cases allow for more meaningful recovery, and for many of our clients, that means a real chance to rebuild their lives.

Choose the Right Attorney

At Liberty Trial Law Group, we don’t believe in leaving money on the table or letting powerful insurers dictate what our clients deserve. We’re proud to serve Liberty, Missouri, and the greater KC metropolitan area.

Call today to speak with an experienced personal injury attorney.