§10.2 Generally

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

A. (§10.2) Generally

In Missouri, an employee who is injured on the job is not required to elect between accepting workers’ compensation benefits and pursuing a third-party tortfeasor. The employee may pursue both alternatives. Reynolds v. Grain Belt Mills Co., 78 S.W.2d 124 (Mo. App. W.D. 1934); Bunner v. Patti, 121 S.W.2d 153 (Mo. banc 1938). The ability of the employee to pursue both remedies is specifically recognized in § 287.150, RSMo 2016, only limited by § 287.120, RSMo Supp. 2018, and, through extension, § 287.040, RSMo Supp. 2018.

The potential of civil liability for those not protected as an employer (statutory or otherwise) or co-employee under § 287.120, by virtue of an employment relationship, is varied. A nonexhaustive list of examples of viable third-party lawsuits would include:

· a union steward assaulted

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