If you were injured on the job and your employer or insurance company denies or delays your claim, don’t navigate the process alone.
Missouri’s “Exclusive Remedy” Rule is critical to workers’ compensation law. It establishes that workers’ compensation is their only legal recourse against their employer when an employee is injured on the job. In most cases, workers cannot sue their employer for additional damages, even if their employer was negligent.
While this system is designed to provide injured workers quick access to medical care and wage replacement benefits, it also limits their ability to seek compensation through lawsuits. However, there are exceptions to the rule, and understanding these can help injured workers navigate their rights and explore all possible legal options.
What Is Missouri’s Exclusive Remedy Rule?
The Exclusive Remedy Rule is established in Missouri Revised Statutes, Section 287.120, which states:
“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, and shall be released from all other liability therefor whatsoever, whether to the employee or any other person” (RSMo 287.120).
In simple terms, this law means that:
- Workers’ compensation is the sole method for an employee to recover damages from their employer for a work-related injury.
- Employers cannot be sued for negligence related to workplace injuries except in limited circumstances.
The rule is intended to balance the interests of employers and employees. It provides workers with guaranteed benefits and protects employers from potentially costly lawsuits.
How the Exclusive Remedy Rule Affects Injured Workers
The Exclusive Remedy Rule’s most significant impact is limiting the types of compensation injured workers can receive.
Workers’ Compensation Benefits Under the Exclusive Remedy Rule
If workers’ compensation covers your injury, you are entitled to receive:
- Medical care (paid by the employer’s insurance)
- Temporary disability benefits if you are unable to work
- Permanent disability benefits for long-term injuries
- Death benefits for surviving dependents in fatal cases
However, workers’ compensation does not provide compensation for pain and suffering or punitive damages, available in personal injury lawsuits.
You Cannot Sue Your Employer for Negligence
Even if your employer was negligent—such as failing to provide proper safety equipment, ignoring OSHA violations, or forcing you to work in unsafe conditions—you cannot file a personal injury lawsuit against them unless an exception applies.
Exceptions to the Exclusive Remedy Rule in Missouri
Although the Exclusive Remedy Rule generally prevents lawsuits against employers, there are important exceptions where an injured worker may have the right to sue.
Intentional Harm by the Employer
If an employer intentionally causes harm to an employee, the Exclusive Remedy Rule does not apply. This includes cases where an employer:
- Physically assaults an employee.
- Orders an employee to perform a task they know will result in serious injury or death.
- Engages in fraudulent or deceitful conduct that leads to harm.
Employer’s Failure to Carry Workers’ Compensation Insurance
Missouri law requires most employers to carry workers’ compensation insurance if they have five or more employees or one or more employees in the construction industry (RSMo 287.030).
If an employer fails to provide workers’ compensation coverage, an injured worker has the right to:
- File a lawsuit against their employer for full damages (including medical expenses, lost wages, and pain and suffering)
- Seek benefits from the Missouri Second Injury Fund
Third-Party Liability Claims
While injured workers cannot sue their employers, they may be able to file a lawsuit against a third party whose negligence contributed to their injury.
Examples of third-party claims include:
- Defective Equipment or Machinery – If machinery malfunctions due to a design flaw, the injured worker may sue the manufacturer.
- Negligence of Another Contractor – Multiple contractors may work together on construction sites. If a subcontractor’s negligence causes an injury, the injured worker may be able to sue them.
- Vehicle Accidents on the Job – If a worker is injured in a car accident caused by a negligent driver while on the job, they can file a personal injury lawsuit against the at-fault driver.
These third-party lawsuits can compensate for pain and suffering, which is unavailable through workers’ compensation.
Retaliation or Wrongful Termination
It is illegal for an employer to fire, demote, or retaliate against an employee for filing a workers’ compensation claim. Missouri law prohibits employer retaliation and allows workers to file a separate lawsuit if they face retaliation (RSMo 287.780).
Challenges Workers Face Under the Exclusive Remedy Rule
While the Exclusive Remedy Rule provides some security to injured workers, it can also lead to challenges, such as:
- Lowball Settlement Offers – Since workers’ compensation is insurance-based, insurers often try to reduce payouts by offering low settlements.
- Denials Based on Pre-Existing Conditions – Insurers may argue that an injury was not work-related but due to a pre-existing condition.
- Delays in Benefits – Employers and insurance companies often delay or dispute claims, making it harder for injured workers to receive medical care and lost wages. If your workers’ compensation claim has been delayed, denied, or underpaid, you may need to work with an experienced workers’ compensation attorney to fight for the full benefits you deserve.
Need Help with Your Workers’ Compensation Case?
If you were injured on the job and your employer or insurance company denies or delays your claim, you don’t have to navigate the process alone. The Law Office of James M. Hoffmann has protected the rights of injured workers in Missouri for over 30 years, ensuring they receive maximum compensation under the law.
Contact us today for a free consultation, and let us help you get the benefits you deserve.