Workers Compensation Law

HB 1417 – Workers compensation and health care providers. Allows an employee who is injured on the job to select his or her own health care provider to cure and relieve the effects of the injury at the expense of the employer. No position.

HB 1403 – Workers compensation and Second Injury Fund. Changes the laws regarding workers’ compensation and the Second Injury Fund. Among other provisions, specifies that occupational disease is exclusively covered under workers’ compensation law; specifies that an employee must be released from all liability for a coworker’s injury or death due to an accident or occupational disease arising out of and in the courts of the employee’s employment; suspends workers’ compensation benefits to an incarcerated individual; requires that an employee be entitled to legally work in the United States to receive benefits; changes the interest rate paid on delinquent benefit payments from10% per year to a rate equal to the adjusted prime rate charged by banks;eliminates a claim for permanent partial disability against the Second Injury Fund after the effective date and specifies that a claim for permanent total disability will only be allowed in certain circumstances; specifies that the employer at the time of the last work-related injury is only liable for the disability resulting from that injury; limits when the State Treasurer may enter into agreed statements of fact and compromise settlements that would affect the Second Injury Fund; eliminates a payment from the Second Injury Fund relating to the death or injury of an employee of an uninsured employer;suspends life payments paid from the Second Injury Fund when the employee is able to obtain suitable gainful employment or to be self-employed and allows the Director of the Division to suspend life payments when the employee becomes eligible to receive Social Security payments – the combined sum of the amount of monthly payments from the fund and the monthly Social Security benefits cannot be less than the monthly life payments from the fund the employee has been receiving; changes the calculation of the costs of administrating the workers’ compensation provisions. No position.

HB 1414 – Second Injury Fund surcharge. Removes the provision limiting the annual surcharge paid by employers to the Second Injury Fund to 3%of the employer›s workers› compensation net deposits, premiums, or assessments.

HB 1441 – Workers’ compensation and unemployment. Changes the laws regarding workers’ compensation and unemployment benefits. Among other provisions, allows the Division to send certain notifications regarding claims electronically or by registered, certified or regular mail; requires written certification verifying that a claimant who is able to work but is receiving benefits because he or she is enrolled in and pursuing a retraining courts to be filed within 10 days of the end of each quarter – failure to do so makes the claimant ineligible for benefits during any week claimed in that quarter or from receiving any further benefits until the certification has been received; repeals the requirement that an employer’s contribution rate will be increased by a temporary debt assessment each year.

HB 1540 – Workers’ compensation and co-employee liability. Specifies that an employee subject to workers’ compensation provisions must be released from all liability for personal injury or death to a co-employee due to an accident or occupational disease.

SB 453 – Damage caps for Human Rights Act and workers’ compensation cases. Establishes damage caps for Human Rights Act cases and workers’ compensation discrimination cases. No position.

SB 572/SB 807 – Workers’ compensation. Modifies the law relating to workers’ compensation. Specifically states that occupational diseases are exclusively covered under workers’ compensation laws; states that co-employees shall be released from liability for workplace injury or death for which compensation is recoverable under workers’ compensation,except where the employee engages in a negligent act that purposefully and dangerously caused or increased the risk of injury; states that civil actions involving injury or death filed by the employee shall not proceed until all administrative remedies are exhausted, and that administrative actions brought under workers’ compensation law shall toll the statute of limitations for civil causes of action;specifically defines “toxic exposure” and states that there shall be no subrogation rights for employers where occupational disease is caused by toxic exposure; raises the death benefit for employees. Support adequate funding for Second Injury Fund.

SB 624/SB 866 – MEM. Requires Missouri Employers Mutual Insurance Company to transition into a private mutual insurance company by January 1,2014.

SB 827 – Co-employee liability and workers’ compensation. Modifies the law relating to workers’ compensation co-employee liability by specifically stating that co-employees shall be released from liability for all workplace injuries under the workers’ compensation system except where they engaged in an affirmative negligent act with the purpose of causing or increasing the risk of injury.

SB 828 – Occupational disease and toxic exposure. Modifies the law relating to occupational disease under the workers’ compensation system. Specifically states that occupational diseases are covered under workers’ compensation laws; specifically defines “toxic exposure” and states that there shall be no subrogation rights for employers where occupational disease is caused by toxic exposure.

SB 829 – Second Injury Fund. Modifies the law relating to the Second Injury Fund. Among other provisions, states that no new claims shall be filed against the Second Injury Fund after July 1, 2012; only awards granted prior to that date, awards or settlements in cases filed before that date, and medical bills incurred and filed by employees of uninsured employers before that date shall be paid by the fund.

SB 878 – Workers Compensation and Second Injury Fund. Modifies the law relating to workers’ compensation and the Second Injury Fund. Among other provisions, affirmatively states that occupational diseases are exclusively covered under workers’ compensation law; specifically states that co-employees shall be released from liability for workplace injuries under the workers’ compensation system except where they engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury; states that a workplace injury or death falls outside the exclusive remedy provisions of workers’ compensation where an employer acts knowingly and is reasonably certain that injury or death to an employee will occur,and the employer shall not retain subrogation rights; states that only awards granted prior to July 1, 2012, awards or settlements in cases filed before that date, and medical bills incurred and filed by employees of uninsured employers before that date shall be paid by the fund; institutes a funding mechanism to bolster the Second Injury Fund when usual collections are inadequate – requires the Director to determine the shortfall and collect such shortfall with a surcharge not to exceed 1.5%;creates a Second Injury Fund Commission that shall determine any further shortfall and collect an additional 1.5% to cover the shortfall, as well as to authorize certain settlements; repeals the provision requiring workers’ compensation statutes to be strictly construed. Support adequate funding for Second Injury Fund. 

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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