What Workers' Comp Lawyers Won't Tell You: Key Insights for Missouri Workers

A vibrant evening view of Kansas City with Union Station illuminated in green and the skyline in the background If you've been hurt in an accident in the Kansas City metropolitan area, it can matter whether your claim is governed by Missouri vs Kansas law. It's always important to speak with an attorney who is local to our area and who has familiarity with both. more Missouri vs Kansas Law in the Kansas City Metropolitan Area When the crash occurs on the Missouri side of the metro area, Missouri statutes and court decisions set the deadlines, the way fault gets decided, and how insurance is held accountable. When it happens on the Kansas side, Kansas statutes take over instead. Here's some things to know: Statute of Limitations The statute of limitations is the window within which you must file your lawsuit or you lose the right to bring a claim at all. In Missouri, the general deadline for most personal injury claims is five years from the date of the injury. In Kansas, the deadline for ordinary negligence claims is two years from the date of injury. That shorter time limit often means that victims need to make decisions about legal action while they're recovering and dealing with bills, which makes it especially important to have a lawyer early on in the process. Negligence Missouri has pure comparative negligence, which means a person can still recover damages even if they are 99% responsible: the final award simply gets reduced by their percentage of fault. Kansas uses a modified comparative negligence rule, so if the injured person's share of fault reaches 50% or more, they can't recover anything at all. Below that 50% threshold, their award would also be reduced proportionally to their fault. Insurance Requirements Both states require drivers to carry liability insurance with the same basic minimums of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. However, Kansas also requires Personal Injury Protection, or PIP, which pays for medical expenses and some lost wages right away, regardless of who caused the crash. Missouri does not require PIP, and injured people there will usually need to rely on their health insurance, optional MedPay coverage, or the at-fault driver's liability policy once fault is established. These insurance differences definitely influence cash flow and leverage during settlement talks. In Kansas, the PIP benefits can cover initial costs while liability is still being sorted out. In Missouri, the injured person may need to use their own health coverage or pay out of pocket until the other driver's insurer accepts responsibility or a court decides the percentages. That gap can pressure you to accept an early offer that does not fully account for long-term needs. A lawyer can help you explore all the options to hold out until you get a fair settlement. If an accident has left you dealing with injuries, medical bills, and uncertainty about what comes next, call us at Spooner & Perkins Attorneys at Law in Parkville, MO now for help anywhere in the metro area. We have decades of experience helping victims in Kansas City, on both sides of the state lines.

In a personal injury situation at work, it's common to wonder if you'll have issues if you were partially at fault. Partial fault workers' compensation is a thing: in Missouri, you're not barred from getting benefits just because you contributed to an accident, except under very limited circumstances. more Missouri and Partial Fault Workers' Compensation Missouri's workers' compensation system is a no-fault program. The only thing that matters is whether your injury arose out of and in the course of your employment. It doesn't matter who was to blame. You do not need to prove your employer was negligent, and your own partial contribution to the incident generally will not prevent you from receiving medical care, wage replacement, or other benefits. Because of this no-fault design, your percentage of fault in causing the accident usually does not reduce or eliminate your benefits, and the courts and the Division of Workers' Compensation will just be concerned to evaluate whether the injury meets the “arising out of and in the course of employment” test. Specific Exceptions There are some specific, and narrow, exceptions to this rule: Intentional If you intentionally injure yourself, benefits are barred completely. However, it is your employer's responsibility to prove you did it on purpose: you don't have to prove you didn't. Failure of Safety Rules If you fail to use your employer-provided safety devices or ignore reasonable safety rules you knew about and were trained on, your compensation is reduced by at least 25%, but not more than 50%. But again, it's on your employer to show that you'd been trained on the rules and had access to the safety gear. Drugs and Alcohol If your employer has rules against the use of drugs or alcohol, and you were using drugs or alcohol at the time of the injury, this can trigger a 50% reduction. You can even forfeit all of your benefits if it can be shown that taking the drugs or alcohol was the proximate cause of the accident. Personal Choice If you choose to take part in a recreational activity and get hurt during that activity, even if your employer encouraged you to take part, you don't get compensation. However, if you were required to take part, or if you were paid at all for your time while taking part, it counts as work and your benefits have to be paid. Third-Party Personal Injury Claim If someone other than your employer or co-worker caused or contributed to your injury, like a delivery driver or a subcontractor, you may have a separate personal injury claim against that party in addition to your workers' comp benefits. However, this is a normal personal injury claim, so comparative fault rules would apply. That means you can only collect from them in proportion to their degree of fault. Don't let worries about blame keep you from filing for the workers' comp you deserve. Contact us now for a free consultation at Spooner & Perkins, Attorneys at Law, to discuss your situation. We bring decades of dedicated experience representing injured workers in Missouri and Kansas.

If you've been hit by a car while using our shared streets here in Parkville, MO, you have the right to bring a personal injury claim against whoever is responsible for your injuries. What exactly you can claim will depend on what you've lost, but getting the full compensation you deserve will depend a great deal on the skill of your personal injury lawyer. Call an attorney as soon as possible after an accident so you can start building a strong claim. more What Compensation Can Pedestrians Seek After Being Hit by a Vehicle in Parkville, MO? Economic Damages The first thing you can ask for are your economic damages, which are all the quantifiable monetary losses you've sustained. Most notable among these will be your medical bills. You can seek compensation for all medical treatment you've had, including follow-up treatment, physical therapy, and all the medications you've had to pay for. If your own insurance company has paid for these, be aware that some of your settlement will then go to reimburse them, but your lawyer will help you work this out and make sure your insurance company doesn't take more than they actually paid. Your economic damages might also include lost wages if you couldn't get to work and compensation for other work-related losses. For example, if there are bonuses that you were working towards but are no longer eligible for, or overtime that you can prove you normally would've taken and which was available while you were laid up, you may be able to claim for those. Finally, if you sustained any property damage, such as if a computer or mobile phone was destroyed in the accident, you can claim compensation. Non-Economic Damages Most people refer to these by the colloquial term "pain and suffering." These damages are compensation for what you've suffered and how your life has been affected, but you can't actually quantify them with a receipt or a bill. This includes compensation for your pain and suffering but also emotional distress, loss of enjoyment of life, and more. It can be tough to figure these. Your lawyer will help you do so effectively and prove the full extent of what you've suffered. In general, the most common way to figure these damages is to calculate all your economic damages and then multiply that by a number between one and five. Whether you choose one, five, or a number in between depends on how badly you were injured and how long it takes to recover. Punitive Damages Punitive damages are extremely rare. They don't reimburse you; they punish the responsible party to deter them and others from behaving in that way in future. Punitive damages are only awarded where the responsible party's behavior was wildly egregious or if they deliberately tried to hurt you. Talk With an Experienced Personal Injury Lawyer If you've been injured as a pedestrian, don't go up against the insurance company alone. Talk to us today at Spooner & Perkins Attorneys at Law here in Parkville, MO.