Civil liability of a Statutory Employer – HARMAN v. MANHEIM REMARKETING, INC., SD33414 (Mo.App.S.D. 5-26-2015)

We recently obtained a favorable ruling in the Southern District Court of Appeals.  Our client suffered a slip and fall on ice at work resulting in a hip fracture requiring a total hip replacement.

Our client was working for an independent contractor as a security guard and received workers’ compensation benefits from his direct employer.  Our client was performing his job at a local auto auction at the time of his fall.  The auto auction was aware that water would come down a downspout and collect in the parking lot as ‘black ice’ where the auto auction instructed our client to park.  He fell in front of his parked car on the ‘black ice’.

The auto auction tried to claim it was immune from suit as our client’s statutory employer because our client received workers’ compensation from his direct employer.  However, Missouri law requires “every” employer to provide workers’ compensation insurance to each of its employees.  In this case the auto auction specifically provided in its agreement with the security company that the security guards were not eligible for the auto auctions benefits including workers’ compensation benefits.

See the opinion in our court rulings section.

We go to great lengths on behalf of our clients including those that have been hurt because of slip and fall on ice.  If you or a loved you needs an injury attorney, call me.  I’m Thomas Morrissey and I want to be your attorney.