If you’ve been injured on the job in Missouri, you’ve likely been told that workers’ compensation is your only option for pursuing damages. And in most cases, that’s true.
Missouri’s workers’ comp system is designed to be the exclusive remedy for workplace injuries. You can receive benefits through your employer’s insurance without proving fault. But in exchange, you give up your right to sue your employer in court.
However, in certain situations, Missouri work injury law lets you pursue legal action outside of the workers’ comp system. As well as injury compensation, you might even be able to claim for non-economic damages like pain and suffering, which workers’ comp doesn’t cover.
These workers’ comp exceptions can make a big difference in your final payout.
So, when exactly can you sue outside of workers’ comp in Missouri?
This blog explains the key exceptions to Missouri’s exclusive remedy rule, as well as how to determine whether your case qualifies for legal action.
For personalized legal advice and a free no-obligation consultation, contact Phalen Law today.
The exclusive remedy rule in Missouri
Under Missouri law, workers’ compensation is generally the only path for compensation after a workplace injury.
This is called the ‘exclusive remedy rule’.
The rule is designed to protect both workers and employees. You get certain benefits without having to prove employer negligence. And your employer gains protection from costly lawsuits and unpredictable jury verdicts.
But the exclusive remedy rule isn’t absolute.
Missouri law recognizes several important exceptions where lawsuits are allowed. That means you can sue outside of workers’ comp and pursue more extensive benefits.
Understanding these exceptions is critical to getting the compensation you deserve following a personal injury at work, even in exceptional circumstances.
Get clear information: Missouri workers’ comp benefit fact sheet: Key benefits and eligibility
Exceptions for filing a workplace injury lawsuit: Your legal rights in Missouri
Exception #1: Third-party liability
In cases of workplace injury, Missouri Revised Statutes Section 287.150 gives you the right to make a claim against a responsible third party.
So if someone other than your employer caused or contributed to your injury, you might have grounds for a lawsuit.
This third-party liability is the most common reason to sue outside of workers’ comp in Missouri.
Common examples of third-party liability cases include:
- Defective equipment or products: Your employer has a legal responsibility to enforce rules and procedures that help you avoid getting hurt at work. But if you were injured by faulty machinery, tools, or equipment, you might be able to sue the manufacturer or distributor. Claims for product liability at work can arise from design defects, manufacturing defects, or a failure to provide adequate warnings.
- Motor vehicle accidents: You might be able to claim for an automobile accident that occurred in the course of your work duties. For example, if you were struck by another motorist while driving between jobsites, you have grounds for both a workers’ comp claim and a third-party liability claim against the driver. This is one of many reasons why every driver should have a dash cam.
- Subcontractor negligence on a jobsite: Construction site injuries are common in situations where multiple contractors are working together. So if you suffer an injury, you might be able to hold another contractor or the property owner responsible for unsafe conditions. There are even some cases where independent contractors qualify for workers’ compensation.
The most important thing to know is that you can pursue both workers’ compensation and a third-party liability claim at the same time. That means you can not only claim compensation for medical bills and lost wages, but also pain and suffering, emotional distress, and sometimes even punitive damages.
If you win a third-party lawsuit, Missouri law allows your employer’s insurance company to seek reimbursement for the benefits they paid you. This can reduce friction in your workers’ comp claim and help you avoid employer retaliation or having your claim denied.
Exception #2: Intentional harm by your employer
When you file a workers’ comp claim, Missouri Revised Statutes Section 287.120 releases your employer from all other liabilities.
But this protection only applies to accidents and occupational diseases like toxic exposure claims. The exclusive remedy rule doesn’t apply when your employer causes you deliberate harm—physical or otherwise.
That means you can sue your employer outside of Missouri workers’ comp to seek full damages.
Common examples of an intentional harm lawsuit include:
- Physical assault: If your employer attacks you at work, this goes beyond ordinary workplace negligence. That means you have grounds for a personal injury lawsuit separate from workers’ comp.
- Knowingly exposing you to dangerous conditions: This includes ordering you to perform a task they know will result in serious harm, such as working with hazardous chemicals without protection.
- Inflicting emotional distress: When an employer spreads rumors or lies about you, they can have a noticeable impact on your work and wellbeing. However, normal workplace stress doesn’t qualify.
Filing a lawsuit for intentional harm is rare and difficult to prove.
You must show clear, concrete evidence of your employer’s deliberate intent to harm you. You can’t sue simply because they were careless or even grossly negligent.
Proof of intent to harm can include:
- Written communications such as emails or text messages that show your employer acknowledged the hazards
- Personal records that detail dates, times, locations, what was said or done, and who was present
- Witness testimony from coworkers who were present or have experienced similar behavior
- Safety violations such as OSHA complaints, safety inspection reports, and prior incident documentation
- Video footage that capture the incident and provides objective evidence of what occurred
- Medical records linking your injuries directly to your employer’s intentional actions
This burden of proof makes intentional harm cases legally challenging. But you can still make a successful claim when the facts support your version of events.
The best way to prove that you were intentionally put at risk is to hire a trusted Missouri work injury attorney.
At Phalen Law, we have over 50 years’ experience in gathering compelling evidence to prove our clients deserve compensation. Wherever possible, we collect proof on your behalf. So you can focus on relaxation and recovery, confident in the knowledge that a leading workers’ comp attorney is building a powerful case.
Schedule your free consultation today.
Exception #3: Your employer has no workers’ comp insurance
Missouri law requires employers to carry workers’ compensation insurance if they have five or more employees, with a few exceptions.
Even seasonal and part-time employees qualify for workers’ compensation. And undocumented workers can claim workers’ comp without fear of deportation.
But if your employer has failed to carry the required insurance, the exclusive remedy rule doesn’t protect them. So you can bring a personal injury action against them in court if you’re injured on the job.
The uninsured employer will be liable to cover your medical care and expenses. And you can choose to file a personal injury lawsuit to recover full economic and non-economic damages. Under Missouri Revised Statutes Section 287.128, they might even be guilty of a class A misdemeanor, resulting in substantial fines.
Holding your employer accountable for their failure to take our workers’ comp insurance doesn’t just protect your rights. It also prevents other workers from facing the same difficult situation as you.
Find out more: How are workers’ compensation benefits calculated in Missouri?
Lawsuit vs workers’ comp: What’s the difference?
Workers’ comp claims and personal injury lawsuits follow different rules and offer different types of recovery. Understanding these differences can help you determine which path makes sense for your situation.
Filing a workers’ compensation claim
Workers’ comp is a type of no-fault insurance. You don’t need to prove your employer did anything wrong. And as long as your injury happened in the course of your work duties, you’re generally entitled to compensation.
This typically makes workers’ comp much faster and more straightforward.
But workers’ comp has its limitations.
The system typically covers your medical bills and a portion of your lost wages. But you can’t recover damages for non-economic harm such as pain and suffering or emotional distress.
And in cases of permanent disability, your future earning capacity losses can be undercompensated compared to what a jury might award.
For more information, follow our steps for filing a workers’ comp lawsuit in Missouri.
Filing a personal injury lawsuit
To make a valid personal injury claim, you must demonstrate that the defendant acted negligently or violated a legal duty. This means gathering extensive evidence, proving causation, and meeting a higher legal standard—all of which can be very difficult if you don’t know when to hire a workers’ comp lawyer.
This process takes longer and is usually more complex. But it also allows you to claim both economic and non-economic damages. And in some cases involving extreme misconduct, the jury might even award punitive damages.
That means your potential compensation is often much, much higher.
For more information, follow our guide to filing a personal injury claim in Missouri.
Should I sue outside of workers’ comp in Missouri?
In the right circumstances, a personal injury lawsuit can offer significantly greater compensation than a workers’ comp claim.
But the two aren’t mutually exclusive. You can pursue both workers’ compensation and a personal injury claim at the same time.
That said, managing just one claim can be difficult and stressful. So if you decide to sue outside of workers’ comp in Missouri, it’s essential that you have an experienced attorney by your side.
We’ll help you figure out whether a lawsuit makes sense in your specific situation as part of your free no-obligation consultation. So fill out our Free Case Evaluation form online today to give us the details of your case.
Why you need an attorney for exceptional cases
Suing outside of the Missouri workers’ compensation system involves navigating complex legal standards and strict deadlines.
In most cases, the Missouri statute of limitations means you need to file a lawsuit within five years of your injury occurring or being discovered. Missing that deadline can bar your claim forever.
As experts in both workers’ comp claims and personal injury law, Phalen Law can help you pursue both workers’ comp and third-party damages at the same time. That means you can claim maximum compensation with trusted guidance and support at every step.
Your attorney will help you build an ironclad case by gathering evidence, filing paperwork within deadlines, and negotiating with insurance providers.
We always do our best to settle cases out of court to give you a smooth, simple claims process that still provides substantial compensation. But if the negligent party and their insurer won’t cooperate, we’re prepared to defend your rights to the end in court.
With Phalen Law by your side, you can sue outside of workers’ comp in Missouri and recover the full compensation you’re entitled to.
File for workers’ comp and personal injury with Phalen Law
As well as claiming workers’ compensation, you can make a personal injury claim against a negligent third party, malicious employer, or careless contractor on a shared jobsite. These exceptions can make a dramatic difference in your payout by providing full compensation for medical expenses, lost wages, future income losses, and non-physical suffering.
Many workers leave significant compensation on the table because they don’t realize they have legal rights outside of workers’ comp. But with over 50 years’ experience and a comprehensive knowledge of the Missouri legal system, Phalen Law helps you get the benefits you deserve.
Call now toll-free or fill out our Free Case Evaluation form online to tell us about your case and find out whether you have grounds to sue outside of workers’ comp in Missouri.