Missouri governor signs comp bill that prohibits suits between coworkers

Coworkers in Missouri won't be able to sue each other in most cases of workplace injuries or death. Gov. Jay Nixon signed a bill that prohibits the practice.

H.B. 1540 says an employee will not be liable for a coworker's workplace injury or death except in cases where the employee engaged "in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury."

The language is similar to that in a measure the governor had previously vetoed because of other provisions. The most recent legislation did not include moving claims related to occupational diseases into the workers' comp system.

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H.B. 1540 also:

Allows the workers' comp division to determine the manner in which an application for a hearing on a compensation dispute is to be made.
Requires a copy of an award to be sent by email to the parties in dispute and the employer's insurer. If the claimant has no attorney, the copy must be sent to him by U.S. mail.
Allows the division to serve or send any required notices regarding workers' comp claims by electronic means except in cases of notices to employees not represented by counsel which must be sent by registered or certified mail unless the employee agrees to receive notices by electronic means.
Authorizes the division to use electronic processes in carrying out the provisions of the workers' comp laws.
Requires a notice that a claim has been dismissed for failure to prosecute to be made in a manner determined by the division except that the notice to the employee must be by certified or registered mail unless the employee is represented by counsel and counsel is also given the notice.

Read more at the WorkersComp Forum homepage.

July 30, 2012

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