For years under Missouri workers compensation law that the injured employee's sole remedy is to make a Missouri work comp claim. Meaning that they cannot also sue the co-worker that may have been negligent in causing the injury to the worker. That was the give and take of work comp law in Missouri, negligence or legal liability does not need to exist meaning an injury gets compensated regardless of fault, but in exchange the amount of compensation is limited by work comp reimbursement rates and charts depicting value in weeks for certain body parts and injuries.
As many Missouri personal injury victims know, our former governor Matt Blunt tried to take personal injury victim's rights completely away in 2005, he passed sweeping tort reform including strict construction of work comp laws. Well, this has now backfired to a certain extent as the strict construction approach to the Missouri work comp laws has opened up co-worker liability, meaning more insurance coverage and remedies for an injured worker in Missouri under the work comp laws.
The case opening up the road to Missouri co-worker liability in work comp claims is Robinson v Hooker, WD 71207 (Mo. App. 8-3-10). The court reversed a lower court's order dismissing a personal injury negligence lawsuit filed after the injured worker settled his Missouri worker’s compensation claim.
Prior to this case co-worker liability was limited under Badami v Gaertner, 630 S.W.2d 175 (Mo. App. 1982), allowing immunity for co-workers unless the injured worker could prove “something more” beyond negligence. Basically, no co-worker liability unless unless there was proof that a a co-employee purposefully or dangerously caused or increased a risk of injury.
Based on this ruling, if you settled a Missouri work comp within the last five years and believe that a co-worker was negligent in causing your injury you may now have more rights and be able to file a Missouri personal injury lawsuit against your co-employee and thus reach the employers liability insurance meaning more compensation for your injuries. Call St Louis Work Comp Lawyer Benjamin Sansone for a free consultation regarding your Missouri work comp claim.
In cases wherein the injured worker is not an employee they can go straight to a Missouri personal injury lawsuit against the at fault party without being held in worker's compensation court. See Missouri Personal Injury Settlement from Work Place Injury
