Open/Close Menu Keith Liberman, Attorney & Counselor at Law

Worker’s Comp Trucking Injuries may be filed in Missouri, even when the accident happened in another state.  This is important if you reside in Missouri, but your accident occurred far away from home.  For example, if you are driving in California, and get hurt lifting those 100 pound chains for the umpteenth time, you have trucking injuries.  You may file your claim in Missouri. This post  describes 3 situations where Missouri is the place for your claim.

I. The Trucking Company’s Headquarters is located in Missouri

File your claim in Missouri if your employer’s HQ is located in Missouri.  So, if you are hurt in an Indiana crash, but you live in Joplin, file in Missouri.  This saves you hours of driving. That’s a long haul, pun intended, especially if the drive aggravates your back injury.   Worker’s comp claims require more than a few hearing dates, which means going to the court.

Why would it take so long?

  1. Everyone’s body heals at different speeds. You might have several hearing dates while still being treated. Your case cannot be decided until the doctor releases you. Or,
  2. Your employer might deny your claim is work-related. They might say your back hurts because you ride a motorcycle on your day off, not because you fell 5 feet to the loading dock.  Yes, I defended that case, and won.

Let me file your claim for trucking injuries if you live within driving distance of the HQ.  It could be more convenient for you.

II. Driver’s Employment Contract was Finalized in Missouri

How we know you were contracted in Missouri?   This one is a little technical.   

   Here is your legalese lesson for this post:  Contract. There are 3 things necessary to have a valid contract of employment: Offer, Acceptance, & Consideration.

  1. Your potential employer offers you a job.
  2. There is consideration  for the offer.  This means, you will be paid for the work. ( You are not painting your friend’s house for beer.)
  3. You accept the job offer.

Accepting the job offer finalizes  the contract. 

If completion happens in Missouri, you claim is valid here.

For example:

  •   You live in Iowa, but drive to HQ and turn in your acceptance of employment at the  Employer’s main office in Missouri. When you do so, your employment contract was finalized in Missouri, and you may file your claim in Missouri.
  • While you reside  in Arkansas, you accept your contract for employment by calling from your house to the employer’s main office in Missouri.  The employment contract was finalized in Missouri, you may file your claim in Missouri.
  • On the other hand, lets say you do live in Missouri, and received an offer of employment from an out of state trucking company.  When you phone in your acceptance from your home in Missouri, the employment contract was finalized in Missouri. You may file your claim in Missouri.

III. The Driver is injured in Missouri

If your trailer rolls on a Missouri highway and you have trucking injuries,you may bring your claim in Missouri.  It does not matter if you live in Missouri, or whether you were hired in Missouri, or if the Employer is out of state.  Our State laws provide coverage for anyone who is injured on the job, or  who has an occupational disease while in this state.  Again, if you live within driving distance of Missouri, and your accident was in Colorado, it would be easier for you here.

Conclusion: File Your Trucking Injuries in Missouri

There are many reasons your worker’s comp claim should be brought in Missouri.  Such as, it is more convenient than the state where the accident occurred; or that Missouri Worker’s Compensation laws are more sympathetic to injured truckers than the state where the employer’s HQ is located. All states have different worker’s compensation laws.  Some are slanted against injured employees. There are several scenarios that permit me to file a claim for your trucking  injuries  in Missouri.    Call me. I’ll help you.


STAY CONNECTED WITH US: Avvo - Rate your Lawyer. Get Free Legal Advice.