Nolte: House Approves Legislation to Restore Co-Employee Liability Protection

JEFFERSON CITY, Mo. – The Missouri House gave final 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 approved HB 434 by a vote of 95-53. The bill is similar to HB 162, co-sponsored by Nolte, that was approved by the House last month.

House Bill 434 would restore co-employee liability protection in Missouri’s workers’ compensation laws. 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.

“The court ruling made last year stripped away co-employee liability protection and opened up a floodgate of potential lawsuits by injured employees against co-workers,” said Nolte. “The ruling has now created a hostile environment for both employers and employees here in Missouri. It’s something we have to address if we’re going to make our state a more attractive location for businesses and workers.”

Nolte said the court ruling has made it more difficult for employers to hire and retain employees in supervisory roles where there is a greater chance the employee may be subjected to a lawsuit. His 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 an intentional act that purposefully and dangerously caused or increased the risk of injury.

“We need to get back to the original intent of the workers’ compensation reforms that were done in 2005 by protecting workers and ensuring some certainty in the worker’s compensation system,” said Nolte.

Nolte’s bill now moves to the Senate for consideration.