Under the Missouri Worker's Compensation Act, not all falls at work are created equal. In 2005, the Missouri Legislature significantly changed the Missouri Worker's Compensation Laws, thereby limiting claims for falls that occur at work. Although, It has become common practice for injuries related to falls to be denied initially by the workers' compensation insurance carrier, the courts are deciding these cases based on the specific facts of each case.
The Missouri Supreme Court has determined: "An injury will not be deemed to arise out of employment if it merely happened to occur while working but work was not a prevailing factor and the risk involved ... is one to which the worker would have been exposed equally in normal non-employment life." Miller v. Mo. Highway & Transp. Comm'n, 287 S.W.3d 671, 674 (Mo. banc 2009).
Missouri Lawyers Weekly reported a recent case from the Missouri Court of Appeals, Western District, finding that when a nurse was injured when her work shoes caused her to fall while walking, the commission properly found the injury to be compensable. This was because the nursing shoes where a condition of her employment and she only wore the shoes to work, not outside of work. Stricker v. Children's Mercy Hospital, Case No. WD70697.
If you or a loved one suffer serious injuries at work, it is important that you talk with knowledgeable legal counsel who understand the complexities of the Worker's Compensation law. The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC, will work closely with you to ensure that you receive the compensation allowed under the law.
