Yesterday, the Missouri Supreme Court, determined that the Missouri Work Comp Second Injury Fund can pursue subrogation actions in the circuit courts of Missouri. The Supreme Court’s ruled that “the [second injury] fund’s common-law subrogation interest does not arise under the worker’s compensation act.”

What does this mean to you? There are several things you should know. If you were hurt at work because someone or something (other than your employer or fellow employees) hurt you, you might be able to file a lawsuit against that person or entity. For example, if you were hurt on a press at work because the press was defective, you could likely sue the manufacturer of the press and also sue your employer under work comp.

Making things even more complicated, Illinois lawmakers have set up The Second Injury Fund to encourage employers to hire employees with prior disabilities while also protecting such employees. The Second Injury Fund may pay for part of your compensation if you were hurt at work but have other prior disabilities. Let’s say your lost a finger in the press at work and you also have another missing finger on that hand from a childhood accident. Your employer would only be responsible for your finger lost in the press but the Second Injury Fund might add more money given your prior lost finger.

If the Second Injury Fund paid you and then you also file suit against the press manufacturer, the Second Injury Fund is allowed to get some or all of its money back. This is called “subrogation.” The recent ruling simply states that the Second Injury Fund can file its claim in court, not in the work comp system. As St. Louis injury attorneys, we handle Missouri and Illinois worker’s compensation claims. If you have a worker’s compensation claim, please contact us at 1-800-517-0602.