Suing Over a Work Injury in Missouri
When Missouri law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: A covered employer must pay workers' compensation regardless of fault and is released from all other liability for the injury, and the worker's and family's rights under the law exclude other remedies except rights the law does not provide for. Mo. Rev. Stat. §§287.120.1, .2, 287.280.1
| Suing your employer | A covered employer must pay workers' compensation regardless of fault and is released from all other liability for the injury, and the worker's and family's rights under the law exclude other remedies except rights the law does not provide for. Co-employees are also released, except when the co-employee committed an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. If the employer fails to insure as required, the worker may instead sue the employer. §287.280: https://revisor.mo.gov/main/OneSection.aspx?section=287.280 |
|---|---|
| Suing someone other than your employer | When a third person is liable for the injury or death, the employer is subrogated to the worker's (or dependents') rights against that person. When the worker recovers from the third party, the employer pays its proportionate share of the costs, including a reasonable attorney fee, and the balance is split between employer and worker in the ratio the statute sets (adjusted if the worker is found partly at fault), unless they agree otherwise. Any notice requirement for the worker's third-party suit was not found in the parts read. Source: Mo. Rev. Stat. §287.150.1, .3 |
| If your employer has no workers' comp | If an employer fails to insure as required, the injured worker (or dependents) may choose to sue the employer for damages, and the employer cannot defend on the ground of a co-worker's negligence, assumption of risk, or the worker's own negligence; or claim under the workers' compensation law with payments commuted and immediately payable; or ask the Division to pay medical expenses from the Second Injury Fund. An employer that knowingly fails to insure commits a class A misdemeanor and owes the state a penalty of up to three times the annual premium or up to $50,000, whichever is greater; a repeat violation is a class E felony. §287.128: https://revisor.mo.gov/main/OneSection.aspx?section=287.128 |
Where to get help in Missouri
More Missouri workers' compensation
- Filing a Workers' Comp Claim in Missouri
- How Much Workers' Comp Pays in Missouri
- Workers' Comp Settlements in Missouri
- Retaliation for Filing Workers' Comp in Missouri
- Appealing a Denied Workers' Comp Claim in Missouri
- All Missouri workers' compensation rules
FAQ
Can you sue your employer for a work injury in Missouri?
A covered employer must pay workers' compensation regardless of fault and is released from all other liability for the injury, and the worker's and family's rights under the law exclude other remedies except rights the law does not provide for. Co-employees are also released, except when the co-employee committed an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. If the employer fails to insure as required, the worker may instead sue the employer.
Can you sue a third party for a work injury in Missouri?
When a third person is liable for the injury or death, the employer is subrogated to the worker's (or dependents') rights against that person. When the worker recovers from the third party, the employer pays its proportionate share of the costs, including a reasonable attorney fee, and the balance is split between employer and worker in the ratio the statute sets (adjusted if the worker is found partly at fault), unless they agree otherwise.
What if my employer doesn't have workers' comp insurance in Missouri?
If an employer fails to insure as required, the injured worker (or dependents) may choose to sue the employer for damages, and the employer cannot defend on the ground of a co-worker's negligence, assumption of risk, or the worker's own negligence; or claim under the workers' compensation law with payments commuted and immediately payable; or ask the Division to pay medical expenses from the Second Injury Fund. An employer that knowingly fails to insure commits a class A misdemeanor and owes the state a penalty of up to three times the annual premium or up to $50,000, whichever is greater; a repeat violation is a class E felony.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.