In a recent case, a court held that an insurance carrier committed the intentional tort of acting in collusion with an employer to deprive an employee of workers compensation benefits. The employee was working in a warehouse when he sustained a broken ankle after falling from an order picker. He subsequently filed a workers compensation claim and began receiving workers compensation benefits from the employer’s insurance carrier.
Unbeknownst to the employee, the insurance carrier and the employer secretly agreed to discontinue benefit payments on the basis of a medical report that the employee was able to resume light work. After receiving notice of the cessation of his workers compensation benefits, the employee sued the employee and its workmens compensation carrier, seeking damages for pain and suffering due to lack of proper medical care, mental anguish, emotional hardship on his familial relationship, and loss of wages. The employee’s suit was based on tort law. In its motion for summary judgment, the insurance carrier argued that workers compensation law provided an exclusive remedy for the action, therefore the employee’s suit was barred. The court, however, ruled in favor of the employee, awarding him damages and retroactive benefits.
If you have been hurt on the job, you should consult a workers compensation attorney to hear about your recovery options!
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.
