Interviewer: How are attorneys compensated in these types of claims?
Contingency: Attorneys Are Compensated by a Percentage of the Settlement; If There Is No Settlement Awarded, the Attorney Is Not Paid
Kevin Roach: With workers comp cases in Missouri, the attorney is paid on a contingent basis. There are no attorney's fees unless there is actually a settlement recovered for you.
In Missouri, the attorney's fees for workers compensation are 25% of what is recovered and that is what most attorneys charge. I front all case expenses for my clients and do not expect reimbursement for these expenses unless a settlement is recovered; therefore, if you don’t receive a settlement, but my office has paid for medical record copies in the amount of $100, I am responsible for that amount and you still owe nothing.
Workers Compensation Case Histories
Interviewer: Can you share any particular cases that involve workers comp?
Kevin Roach: One of the more unique cases that I'm handling right now involves a client of mine who was installing a security system at a private residence. The homeowner was doing some renovations to the house and there was a hole in the living room, which my client fell through.
It resulted in disabling injuries to his back. Initially, we filed a workers comp claim with Missouri and he received all of his benefits for his workers comp claim. There is currently a third-party case pending against the homeowner for negligence. That's one of the more unusual cases that I've worked on.
In Missouri, Some Cases Are Eligible for Two Settlements—A Workers Compensation Claim and a Claim against another Negligent Party
I see a lot of cases involving truck drivers who were injured while on the highway. Sometimes it is the truck driver’s fault and many times the accident is caused by another driver. If the trucker is injured while driving during that course or scope of employment, then they file a workers comp claim. Once the workers comp claim is filed they can also start a claim against the at-fault driver for a third-party claim.
I see these cases on a regular basis. You can actually get two settlements on your case. Workers comp would have subrogation rights, but you're still entitled to both settlements from work comp and the at-fault drivers insurance.