Up until a few years ago, Missouri courts allowed injured workers to seek injury compensation from negligent co-workers. However, in 2012 House Bill 1540 updated the workers’ compensation section of state law with RSMo Section 287.120.1. This amendment bars injured workers from bringing a civil action against a co-worker who was engaging in misconduct on the job.
While this amendment prevents you from suing a coworker for being drunk at work, it also protects your right to collect workers’ compensation for injures caused by employee negligence. In short, the law takes the liability for injury away from any employee at fault, and places it onto the company (and ultimately, the company’s insurer).
The law provides that any injury due to a coworker’s intoxication that occurred in the course of the employment, is eligible for workers’ compensation benefits, including:
- Ignoring proper safety precautions,
- Equipment errors, miscalculations, or other mistakes that put coworkers at risk,
- Physical or sexual assault,
- Drunk driving in a company vehicle,
Have You Been Injured On The Job?
If you've been hurt at work on the job in Kansas City you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.