Our Missouri Workers Compensation Attorneys can provide you with the necessary information to make the right choices so that you can receive the best medical care, benefits and income.
The passage of Missouri Workers’ Compensation Laws has seen quite a journey, including an initial approval and sudden veto proposed by Governor Jay Nixon. Another developmental milestone in this bill’s journey occurred March of 2012, where the Missouri senate closed in Missouri Workers Compensation Laws and voted to override the Governor Nixon’s veto of the bill slated to change the state’s worker compensation laws.
The legislative bill in question entails quite a few changes. The bill prohibits workers and employees from suing their peers and co-workers for any injuries they may have experienced while on the job. The bill also prohibits these workers from taking legal action for any chronic conditions and illnesses they may have obtained in the workplace. Nixon proposed a veto earlier this March, which has now been overridden by the senate with a vote of 24-9. Earlier in 2012, the bill was passed in the House by a 87-68 vote, right after the Senate had approved the bill in February. However, the modification allowing employees to sue co-workers in cases of negligence was put in place in light of a case where a particular employee was able to sue a peer due to an act of negligence. Senate Majority Leader Tom Dempsey speaks out on this addendum, stating the inherent imperative to address the issues associated with individuals being litigated or sued for co-employee liability.
In summary, the bill dictates that diseases contracted due to occupational hazards are and should be covered by compensation laws that are to be set in place for workers and employees. The act also proposes that coworkers of an employee that have suffered an accident are not to be held liable for any health damage or even death, as these are automatically to be compensated for by the workers compensation laws. On the other hand, employees are not exempt from being held liable when the injury was caused by a purposeful and negligent act that aimed to cause injury, or to expose another to increased risk of injury. The bill states that civil action raised by the employee involved should not proceed until all administrative options or possible solutions are exhausted and considered.
The proposed Missouri Workers Compensation Laws define different kinds of exposure that may occur in the workplace. The definition for toxic exposure involves being exposed to chemicals, particulates, fibers, mists, vapors, radiation, solvents, and other materials that may cause disease, death, mutations, deformities, illnesses, and abnormalities upon ingestion, inhalation, or contact. In cases involving toxic exposure, the proposed Missouri Workers Compensation Laws dictates that any subrogation rights employers may have are automatically negated. Finally, the bill for the Missouri Workers Compensation Laws dictates that the amount for the death benefit of employees be increased from $5000.00 to $10,00.00 in total.
The bill for the Missouri Workers Compensation Laws has been a topic of great concern for legislative leaders of the state, as well as business groups. These demographics are of the belief that passing the bill would allow the state to become more business-friendly, and would increase rates of job creation due to the decreased risk of litigation and legal problems that entrepreneurs may experience.
Our Missouri Workers Compensation Attorneys can provide you with the necessary information to make the right choices so that you can receive the best medical care, benefits and income. At the Law Office of James M. Hoffmann, our attorneys will work with you regardless of where you are in the process. Please call (314) 361-4300 or toll free at (888) 872-6795. You can also complete our Online Case Evaluation Form. All communications are returned promptly.
Missouri Workers Compensation
History of Workers Compensation
Understanding Workers Compensation
Workers Compensation Rights
Missouri Division of Workers Compensation
Overview of Workers Compensation
Missouri Workers Compensation Law Changes
Workers Compensation Why I Should Have a Lawyer
Federal Workers Compensation Act
Missouri Workers Compensation Laws
What is Workers Compensation?
Why Workers Compensation?
How Does Workmans Comp Work?
What Does Work Comp Cover?
Who is Covered by Workers Compensation?
Am I Eligible for Workers Compensation?
Independent Contractor Workers Compensation
Does My Employer Have Workers Compensation?
Workers Compensation Attorney Fees
Do I Need a Workers Compensation Lawyer?
photo credit: david_shane