Liability of employer
When a business hires a contractor to do work that is a normal part of that business, the business is treated like an employer under workers' compensation law. This means the business can be responsible for workers' compensation if the contractor's workers get hurt on the job site. However, a regular property owner who hires a contractor just to fix or build something on their property is not treated this way — instead, the contractor is responsible for their workers and subcontractors. When there are multiple layers of contractors, the most direct employer pays first, but others can also be held responsible, and whoever pays can try to get that money back from the one who was supposed to pay in the first place. This law does not apply to certain truck drivers who operate under specific government-issued certificates.
287.040. of employer — s, s. — 1. Any person who has work done under contract on or about his which is an operation of the usual business which he there carries on shall be an employer and shall be under this chapter to such contractor, his subcontractors, and their employees, when injured or killed on or about the premises of the employer while doing work which is in the usual course of his business.
2. The of this section shall not apply to the owner of premises upon which improvements are being erected, demolished, altered or repaired by an but such independent contractor shall be deemed to be the employer of the employees of his subcontractors and their subcontractors when employed on or about the premises where the contractor is doing work.
3. In all cases mentioned in the preceding subsections, the immediate contractor or subcontractor shall be liable as an employer of the employees of his subcontractors. All persons so liable may be made parties to the proceedings on the of any . The liability of the immediate employer shall be primary, and that of the others secondary in their , and any paid by those secondarily liable may be recovered from those primarily liable, with and expenses of the suit. Such recovery may be had on in the original proceedings. No such employer shall be liable as in this section provided, if the employee was by his immediate or any intermediate employer.
4. The provisions of this section shall not apply to the relationship between a operating within a as defined in section 390.020 or 390.041 or operating under a d by the Missouri of transportation or by the United States Department of Transportation, or any of its subagencies, and an owner, as defined in section 301.010, and of a motor vehicle.
(RSMo 1939 § 3698, A.L. 2005 S.B. 1 & 130, A.L. 2017 S.B. 8 merged with S.B. 222 merged with S.B. 225)
Prior revision: 1929 § 3308
(1964) In view of sections 287.040 and 287.120 subcontractor's injured employee could not maintain for against general contractor. Thompson v. Kroeger (Mo.), 380 S.W.2d 339.
(1965) "Premises", as used in this section contemplates any place, under control of employer, where employer's usual business is being carried on or conducted. Johnson v. Simpson Oil Co. (A.), 394 S.W.2d 91.
(1972) As used in 1 of this section, the term "premises" is not restricted to the permanent site of the 's business nor limited to property owned or leased by him, but contemplates any place under the exclusive control of the statutory employer where his usual business is being carried on or conducted. Boatman v. Superior Outdoor Advertising Co. (A.), 482 S.W.2d 743.
(1976) To become a statutory employee three conditions must be met: 1. The work was performed under a contract; 2. The injury must have occurred on or about the premises of the employer; 3. The injury must have occurred while performing work normally done in the usual course of business of the employer. Miller v. Theatre Ass'n of St. Louis (A.), 540 S.W.2d 899.
(2009) Question of status as to statutory employee is not a matter of subject to a motion to dismiss; issue may be if not timely raised as an . McCracken v. Wal-Mart Stores East, LLP, 298 S.W.3d 473 (Mo.banc).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.