Third-Party Liability Claims After Work Injuries in Kansas City: What Injured Workers Should Know
When an employee suffers a serious injury at work, the first legal remedy typically involves filing a workers’ compensation claim. In both Missouri and Kansas, workers’ compensation laws provide access to medical care and partial wage replacement. However, these benefits are limited and do not always provide full financial recovery, particularly when someone other than the employer contributed to the incident.
In some cases, an injured worker may have the right to pursue a third-party liability claim in addition to workers’ compensation. This type of claim allows the injured individual to seek additional compensation from a party other than the employer or co-worker whose negligence contributed to the injury.
Understanding how these claims work—and when they apply—is essential for workers in Missouri and Kansas who are navigating the physical, emotional, and financial challenges of a workplace injury.
What Is a Third-Party Liability Claim?
A third-party liability claim is a personal injury claim filed against a person or company other than the employer who may be responsible for a worker’s injury. Unlike workers’ compensation, which provides limited no-fault benefits, a third-party claim allows the injured party to recover additional damages such as:
- Full lost wages (not just partial wage replacement)
- Pain and suffering
- Future lost earning capacity
- Disability-related expenses
- Property damage, if applicable
Third-party liability claims exist alongside the workers’ compensation system and can provide significantly more financial relief to injured workers and their families.
Common Scenarios Where Third-Party Claims Arise
Third-party liability may apply in several types of workplace injury cases. Some of the most common include:
- Construction Site Accidents: If a subcontractor, equipment manufacturer, or site manager causes an injury on a job site, the injured worker may pursue a third-party claim against that individual or company.
- Defective Equipment or Machinery: When tools, vehicles, or machines malfunction due to design flaws or manufacturing defects, the company that manufactured or maintained the equipment may be liable.
- Motor Vehicle Accidents: If a worker is injured in a car or truck accident while performing job duties and the other driver was at fault, a third-party claim may be filed against the at-fault driver.
- Premises Liability: If a worker is injured while working on someone else’s property due to unsafe conditions, the property owner or property management company may be held responsible.
- Toxic Exposure: Exposure to harmful substances such as asbestos, chemicals, or mold may lead to long-term health consequences. If a supplier or manufacturer failed to warn or protect against the hazard, that party may be pursued through a third-party action.
Missouri and Kansas Workers’ Compensation Laws: Key Differences
Both Missouri and Kansas follow no-fault workers’ compensation systems, which means injured workers do not need to prove employer negligence to receive benefits. However, the laws differ in how workers’ compensation claims are administered and how third-party actions are coordinated.
Missouri
- Missouri permits the injured worker to file a third-party lawsuit while maintaining a workers’ compensation claim.
- The employer or insurer may place a lien on the third-party recovery for benefits already paid.
- Missouri allows for comparative fault, meaning an injured worker may recover damages even if partially responsible, though the award may be reduced.
Kansas
- Kansas also allows third-party claims in addition to workers’ compensation.
- Similar to Missouri, any recovery may be subject to a reimbursement lien in favor of the employer’s insurance provider.
- Kansas applies a modified comparative fault rule with a 50 percent bar, which means an injured party may not recover if found to be more than 50 percent at fault for the injury.
Understanding these rules is important for coordinating both claims without compromising your overall recovery.
How Third-Party Claims Differ from Workers’ Compensation
| Workers’ Compensation | Third-Party Liability |
| No-fault system | Fault must be proven |
| Limited to medical care and partial wage replacement | Allows recovery for full lost wages, pain and suffering, and more |
| Filed through state administrative system | Filed as a civil lawsuit in court |
| No recovery for emotional distress or future wage loss | Includes non-economic and long-term damages |
While workers’ compensation offers timely medical benefits, it often fails to account for the total financial impact of a serious injury. Third-party claims help bridge that gap.
Steps to Take if You Suspect Third-Party Liability
If you or a loved one has sustained an injury on the job in Missouri or Kansas and believe another party outside your employer may be responsible, it is important to act quickly and deliberately:
- Report the Injury to your employer as required under workers’ compensation laws.
- Seek Immediate Medical Attention and follow all treatment recommendations.
- Document the Scene of the incident and preserve any evidence related to equipment, locations, or vehicles.
- Identify Potential Third Parties who may have contributed to the incident.
- Consult Legal Counsel to determine whether you may pursue a third-party liability claim in addition to your workers’ compensation case.
Early legal guidance helps ensure that you do not miss critical filing deadlines or compromise your right to full compensation.
Coordinating Third-Party Claims with Workers’ Compensation
Third-party claims and workers’ compensation claims must be managed carefully to avoid jeopardizing your recovery. This includes:
- Notifying the workers’ compensation insurer of a potential third-party case
- Accounting for any lien or reimbursement rights the insurer may have
- Timing legal action appropriately to remain within Missouri or Kansas statutes of limitations
- Avoiding conflicting statements that could affect fault or liability
When handled properly, both claims can proceed in tandem and provide a more complete financial recovery for injured workers and their families.
When to Contact a Personal Injury Attorney
Workers’ compensation alone rarely addresses the full impact of a serious injury, particularly one that results in long-term disability, chronic pain, or loss of future earnings. Legal representation becomes especially important when:
- A third party may have contributed to the incident
- You are unsure how to identify or pursue a third-party claim
- The insurer is disputing your workers’ compensation benefits
- The injury involves a catastrophic outcome or permanent impairment
An experienced trial attorney can investigate the incident, coordinate both claims, and advocate for full and fair compensation.
Kendall Law Group: Supporting Injured Workers with Complex Claims
At Kendall Law Group, we represent individuals who have suffered serious injuries due to the negligence of others, including those who are hurt on the job. While workers’ compensation provides essential support, it does not always cover the full costs of a serious injury. When a third party is legally responsible, we help our personal injury clients pursue all available avenues for compensation.
Our attorneys investigate the facts, preserve evidence, and coordinate claims across both systems in Missouri and Kansas. We remain committed to helping injury victims recover not only physically, but financially and legally as well.
Kansas City Personal Injury Trial Lawyers
If you have been injured at work and believe a third party may have contributed to your injury, contact Kendall Law Group today to discuss your legal options. Our Kansas City trial lawyers are available to help you evaluate your case and pursue full compensation under Missouri or Kansas law.
How Kendall Law Group Supports Injured Workers
The Kendall Law Group has helped hundreds of Kansas City workers secure full compensation after serious job injuries. We:
- Offer free case evaluations.
- Handle claims in both Missouri and Kansas.
- Only get paid if you recover.
Frequently Asked Questions (FAQs)
Q1: Can I sue if I already got workers’ comp?
Yes. A third-party claim is separate and can be pursued in addition.
Q2: How long do I have to file?
MO: 5 years. KS: 2 years. Don’t wait.
Q3: Can I get money for pain and suffering?
Yes, if you win your third-party case.
Q4: Will my employer get paid back?
Possibly—your employer’s insurer can seek reimbursement from your award.
Q5: What if I was partly at fault?
You can still recover in Missouri (reduced award). In Kansas, not if you’re more than 50% responsible.
Q6: What is my case worth?
It depends on your injuries, lost wages, and the third party’s conduct. A lawyer can estimate it.
