§10.1 Introduction

• Library: Workers' Compensation Law Deskbook Vol. 2 (2020 Ed.)

I. (§10.1) Introduction

When an employee is injured on the job, many circumstances may exist in which a third-party tortfeasor is responsible for the injury. Innumerable examples can be cited of injuries arising out of and in the course of employment when an employee was involved in an automobile collision, injuries on the premises of another business where the employee could be considered a licensee or invitee, injuries from defective products, or even medical malpractice.

Exactly who qualifies as a “third party” is frequently a contentious issue. Statutory employment under § 287.040, RSMo Supp. 2018, is both a sword and a shield, in some instances creating workers’ compensation...