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I had a work injury and my lawyer told me that I could not proceed against a co employee. Has the law changed?

A: Yes. Robinson v. Hooker
--- S.W.3d ----, 2010 WL 2998605
Mo.App. W.D.,2010.
August 03, 2010, is a new case that permits suits against co employee's negligence that was previously barred under the exclusivity of the Missouri Worker's Compensation law. If you had a claim involving a car wreck on another type of injury that was caused by a co employee you have a 5 year statute of limitations to file your claim. It is not clear, if the Court will take, or what the Missouri Supreme Court will do with this case if it accepts the case for consideration...but, if your case was closed with a workers compensation claim and your other claim was closed because your lawyer told you that you could not proceed due to the law, you may want to another look at it.

So, if you were injured after August 22, 2005, you may want to take another look. I'm not saying to be silly about it. If your claim was small, your workers compensation recovery was probably larger than your civil recovery but...if you had a significant injury and you have a claim that was barred you may want to have another look.

If you are not sure, call your old lawyer or call us.

I am sending this out to put everyone on notice of your rights. I have plenty to do and am not sending this out to drum up business. By sending this out I am not saying that I am reopening up your closed case either. If you'd like to talk about it or have any questions call Richard at 314 584 4106 or me at 314 584 4109.