MO Legislature Considers Amending Work Comp Statutes Again
The Missouri legislature is again considering amending the current Missouri Workers' Compensation statutes. Just six years ago Missouri legislatures changed the statutes in an attempt to make it tougher to qualify for Workers' Compensation. The proposed changes, as set out in House Bill 162, make it easier for injured workers to qualify for compensation by adding occupational diseases and the acts of co-employees to the coverage designated by the statues. This alteration to the current statutes would prevent an injured employee from filing a claim against a co-employee in a Missouri Circuit Court.
On November 9, 2010, in Robinson v. Hooker, 323 S.W.3d 418, the Missouri Court of Appeals, Western District, ruled, based on the current Workers' Compensation statutes, that an injured employee who had a claim against an employer that did fall under the Workers' Compensation statutes could still recover damages against a co-employee in a subsequent tort claim. The ruling by the court in Robinson allowed an injured employee to sue a co-employee whose negligent actions resulted in injury. If House Bill 162 becomes law, injured employees will be limited to ONLY what they can recover through the Missouri Workers' Compensation statutes, no matter whether a co-employee's negligent actions were the cause of the injury.
In the Robinson case, Mr. Robinson's right eye was injured when Ms. Hooker used a high pressure hose negligently. As a result of the injury, Mr. Robinson is now blind in his right eye. Mr. Robinson's employer's Workers' Compensation insurance carrier settled Mr. Robinson's claim, and Mr. Robinson brought suit against Ms. Hooker for damages resulting from her negligence. If House Bill 162 becomes law, Mr. Robinson would have been barred from bringing suit against Ms. Hooker even though she may have acted negligently and caused him to lose sight in his right eye.
