Section 7 Accident

• Library: Employer-Employee Law 2008

The last sentence of § 287.120.1, RSMo Supp. 2007, makes
it clear that “the fact an injury is the result of a willful
or criminal assault [by] a third person does not prevent
that injury from being accidental within the meaning of
the Workmen’s Compensation Acts.” Smith v. Lannert,
429 S.W.2d 8, 12 (Mo. App. E.D. 1968). But for such an injury to be covered by The Workers’ Compensation Law, Chapter 287, RSMo, precluding common-law remedies against the employer, it must be “unprovoked” and must also arise...