Senate Votes to Protect Employees

Missouri employees are one step closer to being protected from personal lawsuits for their role in honest accidents at work thanks to legislation that received first round approval today in the Missouri Senate. Senate Assistant Majority Floor Leader Jack Goodman, R-Mt. Vernon, sponsored Senate Bill 8 that restores protections to co-employees meaning they would no longer be at risk of personal lawsuits for their role in honest accidents at work. The bill would abrogate an appeals court decision in Robinson v Hooker that opened up co-employees to this higher risk. The decision was made in the Western District of Missouri on August 3, 2010.

Goodman said it is a priority to return protections to employees as soon as possible.

“Currently, all Missouri workers are at risk of being sued and held liable for honest accidents at work and that is simply unfair,” Goodman said. “With this bill, we will return protections to Missouri employees. Now only co-workers who purposefully and dangerously cause other employees harm could be held personally liable.”

The bill also helps to reinstate the Workers’ Compensation System as the exclusive remedy for workplace claims except in cases where employers intentionally put their employees at risk of injury or death.

“Employees who were intentionally put at risk by their employers will continue to have an avenue for remedy in circuit court,” Goodman said.

The measure is one of several priorities designed to spur job creation in Missouri outlined in Senate Leader Robert N. Mayer’s opening day address to the Senate.

“Putting Missourians back to work tops the Senate’s priority list for the 2011 Legislative Session, and this bill is an important step in creating a climate where businesses will want to expand,” said Mayer, R-Dexter. “With this change, employers and employees will no longer have to purchase insurance to protect themselves from claims that should have never been dealt with outside of the Workers’ Compensation System.”

The bill must receive a second vote of approval before moving to the House for similar consideration. That vote could come as early as Thursday.

To learn more about the bill, visit www.senate.mo.gov.