Nolte: Legislation to Restore Co-Employee Liability Protection Receives Committee Approval

JEFFERSON CITY, Mo. – A House committee gave approval Thursday to legislation sponsored by state Rep. Jerry Nolte, R-Gladstone, that would protect Missouri workers and businesses by restoring liability protection taken away by the courts last summer. The House Workforce Development and Workplace Safety Committee approved HB 91 by a unanimous vote of 12-0.

House Bill 91 would restore co-employee liability protection in the Missouri’s Workers Compensation. The bill specifically addresses an issue raised last year when a court ruling allowed an injured worker to sue a co-worker after already settling a workers' compensation claim against his employer. Nolte’s legislation would reinstate liability protection to employees in cases where a workers compensation claim is settled. However, employees would still be liable in situations where injury is caused by the employee’s unprovoked violence or assault against another employee.

“The workers’ compensation reforms of 2005 and the court ruling made last year have had the unintended consequence of creating a negative environment for workers and employers in Missouri. The court ruling stripped away co-employee liability protection and opened up a floodgate of potential lawsuits by injured employees against co-workers,” said Nolte. “The end result is that it makes it more difficult for employers to hire and retain employees especially in supervisory roles when there is an increased chance the employee may be subjected to a lawsuit. Restoring co-employee liability protection will allow us to reverse these dangerous court decisions and get back to the original intent of the reforms made in 2005.”

HB 91 now awaits approval by the House Rules Committee before moving to the House floor for discussion.