§10.3 Immunity Under § 287.120, Rsmo

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

1. (§10.3) Immunity Under § 287.120, RSMo

Only those persons having either primary or secondary liability to an employee under the Missouri Workers’ Compensation Law are entitled to immunity from common law liability, § 287.120, RSMo Supp. 2018:

1. Every employer subject to the provisions of this chapter shall be liable, irrespective of negligence, to furnish compensation under the provisions of this chapter for personal injury or death of the employee by accident or occupational disease arising out of and in the course of the employee’s employment. Any employee of such employer shall not be liable for any injury or death for which compensation is recoverable under this chapter and every employer and employees of such employer shall be released from all other liability whatsoever, whether to the employee or any other person, except that an employee shall not be released from liability for injury or death if the employee engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. The term “accident” as used in this section shall include, but not be limited to, injury or death of the employee caused by the unprovoked violence or assault against the employee by any person.

2. The rights and remedies herein granted to an employee shall exclude all other rights and remedies of the

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