Liability of employer set out
When a worker gets hurt or dies on the job, their employer has to pay workers' compensation benefits — it doesn't matter if the employer was careless or not. In most cases, workers' comp is the only money a hurt worker (or their family) can go after — they can't also sue the employer in regular court. However, the benefits can go up 15% if the employer broke a safety law, and they can go down or be cut off entirely if the worker was drunk, on drugs, broke safety rules, or got hurt doing a voluntary recreational activity. Mental stress injuries are only covered if the stress was truly unusual and extreme, not from normal job actions like getting fired or demoted.
287.120. of employer set out — increased or reduced, when — use of alcohol or or voluntary recreational activities, injury from — effect on compensation — mental injuries, requirements, firefighter stress not affected. — 1. Every employer subject to the of this chapter shall be , irrespective of negligence, to furnish compensation under the provisions of this chapter for personal injury or death of the employee by accident or arising out of and in the course of the employee's . Any employee of such employer shall not be liable for any injury or death for which compensation is recoverable under this chapter and every employer and employees of such employer shall be released from all other liability whatsoever, whether to the employee or any other person, except that an employee shall not be released from liability for injury or death if the employee engaged in an that and dangerously caused or increased the risk of injury. The term "accident" as used in this section shall include, but not be limited to, injury or death of the employee caused by the unprovoked violence or against the employee by any person.
2. The rights and herein granted to an employee shall exclude all other rights and remedies of the employee, the employee's spouse, parents, , , or next kin, at or otherwise, on account of such injury or death by accident or occupational disease, except such rights and remedies as are not provided for by this chapter.
3. No compensation shall be allowed under this chapter for the injury or death due to the employee's intentional self-inflicted injury, but the of intentional self-inflicted injury shall be on the employer or the person contesting the for allowance.
4. Where the injury is caused by the failure of the employer to comply with any statute in this state or any lawful of the or the , the compensation and provided for under this chapter shall be increased fifteen percent.
5. Where the injury is caused by the failure of the employee to use safety devices where provided by the employer, or from the employee's failure to obey any reasonable adopted by the employer for the safety of employees, the compensation and death benefit provided for herein shall be reduced at least twenty-five but not more than fifty percent; provided, that it is shown that the employee had actual knowledge of the rule so adopted by the employer; and provided, further, that the employer had, prior to the injury, made a reasonable effort to cause his or her employees to use the safety device or devices and to obey or follow the rule so adopted for the safety of the employees.
6. (1) Where the employee fails to obey any rule or policy adopted by the employer relating to a drug-free workplace or the use of alcohol or nonprescribed controlled drugs in the workplace, the compensation and death benefit provided for herein shall be reduced fifty percent if the injury was in conjunction with the use of alcohol or nonprescribed controlled drugs.
(2) If, however, the use of alcohol or nonprescribed controlled drugs in violation of the employer's rule or policy is the of the injury, then the s or compensation otherwise payable under this chapter for death or shall be .
(3) The voluntary use of alcohol to the percentage of blood alcohol sufficient under Missouri law to constitute legal intoxication shall give rise to a that the voluntary use of alcohol under such circumstances was the proximate cause of the injury. A standard shall apply to such . An employee's refusal to take a test for alcohol or a , as defined by section 195.010, at the request of the employer shall result in the of benefits under this chapter if the employer had sufficient cause to suspect use of alcohol or a nonprescribed controlled substance by the or if the employer's policy clearly authorizes post-injury testing.
(4) Any positive test result for a nonprescribed controlled drug or the of such drug from an employee shall give rise to a rebuttable presumption, which may be rebutted by a , that the tested nonprescribed controlled drug was in the employee's system at the time of the accident or injury and that the injury was sustained in conjunction with the use of the tested nonprescribed controlled drug if:
(a) The initial testing was administered within twenty-four hours of the accident or injury;
(b) Notice was given to the employee of the test results within fourteen days of the or receiving of the confirmatory test results;
(c) The employee was given an opportunity to perform a second test upon the original sample; and
(d) The initial or any subsequent testing that forms the basis of the presumption was confirmed by using generally accepted medical or forensic testing procedures.
7. Where the employee's participation in a recreational activity or program is the of the injury, benefits or compensation otherwise payable under this chapter for death or disability shall be forfeited regardless that the employer may have promoted, sponsored or supported the recreational activity or program, expressly or impliedly, in whole or in part. The forfeiture of benefits or compensation shall not apply when:
(1) The employee was directly ordered by the employer to participate in such recreational activity or program;
(2) The employee was paid wages or travel expenses while participating in such recreational activity or program; or
(3) The injury from such recreational activity or program occurs on the employer's due to an unsafe condition and the employer had actual knowledge of the employee's participation in the recreational activity or program and of the unsafe condition of the premises and failed to either curtail the recreational activity or program or the unsafe condition.
8. Mental injury resulting from work-related stress does not arise out of and in the course of the employment, unless it is demonstrated that the stress is work related and was extraordinary and unusual. The amount of work stress shall be measured by objective standards and actual events.
9. A mental injury is not considered to arise out of and in the course of the employment if it resulted from any , work , job , layoff, demotion, or any similar taken by the employer.
10. The ability of a firefighter to receive benefits for psychological stress under section 287.067 shall not be diminished by the provisions of subsections 8 and 9 of this section.
(RSMo 1939 § 3691, A.L. 1965 p. 397, A.L. 1969 H.B. 367, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1990 S.B. 751, A.L. 1992 H.B. 975, A.L. 2005 S.B. 1 & 130, A.L. 2012 H.B. 1540, A.L. 2013 S.B. 1, A.L. 2017 S.B. 66)
Prior revision: 1929 § 3301
Accident, Injury
(1998) Injuries which occur while traveling to and from medical treatment for prior compensation injuries do not arise out of and in the course of employment and, as such, are not . Bear v. Anson Implement Inc., 976 S.W.2d 553 (W.D.Mo.), transfer denied.
(1998) The has over of medical malpractice for post-accident injuries alleged to be caused by treatment of an injury falling under the of law because such claims are sufficiently work-related to arise out of and in the course of employment. Burns v. Employer Health Services, Inc., 976 S.W.2d 639 (W.D.Mo.).
(1980) Exclusive remedy of parents of deceased worker for compensation for alleged of worker in employment accident under Workers' Compensation Law; overruling Miller v. Hotel Savoy Co. (A.), 68 S.W.2d 929. Combs v. City of Maryville (A.), 609 S.W.2d 475.
(1984) Exclusive remedy of Workers' Compensation Act is not a bar to a common law action against a parent or of the 's immediate employer. Boswell v. May Centers, Inc. (Mo. App.), 669 S.W.2d 585.
(1996) Statute's exclusivity provision does not bar recovery of under the Missouri Human Rights Act. Varner v. Super Markets, Inc., 94 F.3d 1209 (8th Cir.).
Actions
(1985) An employer is not subject to actions for or of with respect to an employee's accident covered under the Workers' Compensation Act. Redford v. R.A.F., Corp., 615 F.Supp. 547 (D.C.Mo.).
(1989) Where contract required to defend and general in claims arising out of performance of the contract, workers' compensation statute does not shield subcontractor from liability for of contractual duty to indemnify general contractor. U.S. v. Fru-Con Construction Corp. (8th Cir.) 890 F.2d 1046.
(1991) Workers' compensation statutes do not bar an action by a third party for indemnity against an employer when employer breaches an independent duty or obligation to third party. Independent duty of is created when employer participates in design of machinery in intrusive or specific way and constitutes an to the exclusive remedy of workers' compensation statutes. Coello v. Tug Manufacturing Corp., 756 F.Supp. (W.D. Mo.).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.