Blog Posts in December, 2020

Statutory Employer Claims and the Usual Course of Business Defense

In our last blog post about workers’ compensation , we looked at what it means to be a “statutory employee” in Missouri . However, it is not easy for an injured worker to prove that they were a statutory employee. Not only do they have the burden of proving that they are a statutory employee, they also have to overcome the defenses that companies vigorously raise to avoid liability, such as the ...

Workers’ Compensation and Statutory Employees in Missouri

Most employers in Missouri are legally required to carry workers’ compensation insurance to cover their workers if they get hurt on the job. However, those that are required to carry this insurance do not always do so. When their workers get hurt, though, they are not always completely out of luck. They may be a statutory employee of another company at the time of the accident. A recent decision ...

Avoid Winter Car Crashes By Checking Your Tires

A car accident in I-29 in St. Joseph has proven to be a fatal one and serves as a reminder for Missouri residents to prepare their vehicles and check their tires for winter weather safety. Fatal Accident on I-29 in St. Joseph The accident was a strange one. According to the initial reports , it was around 4am on December 16, 2020, when a car broke down on the interstate. The driver was pushing the ...

How Workers’ Compensation Could Be Hurt by a Takings Clause Case

The U.S. Supreme Court is set to hear a case next year that could indirectly impact workplace safety and workers’ compensation . Unionizing Efforts Lead to Takings Clause Claim The case is Cedar Point Nursery v. Hassid and comes from California. That state has a law that gives union organizers the right to enter agricultural areas for up to three hours per day, 120 days a year, to recruit farm ...

Complications for Out-of-State Car Accident Victims

A head-on car accident in northwestern Missouri left one of the drivers seriously injured. The incident raises some interesting aspects of personal injury law because of one crucial detail: The injured drivers were from out of state. Head-On Car Crash Leaves Iowa Driver Seriously Hurt The crash happened 5 miles north of Eagleville , about an hour and a half northeast of St. Joseph. According to ...