Missouri Bills Address Employee Liability in Workers’ Comp

Missouri legislators are considering two workers’ compensation bills to address whether an employee is liable when an employee is injured on the job

SB 8 would restrict co-employee liability in workers’ compensation cases, holding employers liable, irrespective of negligence, for personal injury or death of an employee, but barring employees of that employer from liability, unless that employee purposefuly and dangerously caused or increased the injured employee’s risk of injury.

Meanwhile, HB 162 simply states that neither the employer, nor employee of such employer, shall be held liable for any injury or death for which workers’ compensation is recoverable.

Proponents of SB 8 claim that the bill restores co-employee immunity in workers’ compensation, a problem caused by the Missouri Court of Appeals’ 2010 decision in Robinson v. Hooker that found an employee responsible for injuries to a co-worker within the course and scope of employment. Also, proponents assert that the bill corrects the result of a St. Louis trial court decision Gray v. A.W. Chesterton, et al. and Cicerelli v. Certainteed Corp., et al. that eliminated exclusive remedy protection, subjecting employers to tort suits in claims involving occupational diseases, thereby tearing out the foundation of Missouri’s workers’ compensation system.

However, by adding in the distinction for co-employees, the American Insurance Association (AIA) believes SB 8 “does more harm than good because the bill exposes employers to additional costs, liabilities, and lawsuits,” the association said in a statement.

“SB 8 seriously undermines the fundamental exclusive remedy principle of Missouri’s workers’ compensation system,” said Bruce Wood, AIA general counsel. “If adopted, the result will be extensive litigation and higher costs for employers. It unwisely abolishes subrogation and subjects employers to lawsuits from injuries caused by third-parties or products. It would transfers the cost of a third party’s torts to the workers’ compensation system and effectively forces employers to be involved in third party tort suits where their alleged responsibility for the injury will be at issue.”

On the other hand, the association said it supports HB 162 because it protects workers and employers in Missouri by correcting “the two errant court decisions that subject employees to tort suits by their co-workers and subject employers to tort suits in claims involving occupational disease,” AIA stated.

“Missouri’s growing economy deserves a stable workers’ compensation system that retains the ‘exclusive remedy’ protection for workers and employers,” Wood said.

HB 162 has passed the House and is now pending in the Senate. SB 8 passed the Senate and has been referred to the House Workforce Development & Workplace Safety Committee.

Topics Lawsuits Workers' Compensation Missouri