Missouri Revised Statutes
Chapter 287 - Workers' Compensation Law
Section 287.040 - Liability of employer — contractors, subcontractors.

Effective - 28 Aug 2017, 2 histories
287.040. Liability of employer — contractors, subcontractors. — 1. Any person who has work done under contract on or about his premises which is an operation of the usual business which he there carries on shall be deemed an employer and shall be liable under this chapter to such contractor, his subcontractors, and their employees, when injured or killed on or about the premises of the employer while doing work which is in the usual course of his business.
2. The provisions of this section shall not apply to the owner of premises upon which improvements are being erected, demolished, altered or repaired by an independent contractor but such independent contractor shall be deemed to be the employer of the employees of his subcontractors and their subcontractors when employed on or about the premises where the principal contractor is doing work.
3. In all cases mentioned in the preceding subsections, the immediate contractor or subcontractor shall be liable as an employer of the employees of his subcontractors. All persons so liable may be made parties to the proceedings on the application of any party. The liability of the immediate employer shall be primary, and that of the others secondary in their order, and any compensation paid by those secondarily liable may be recovered from those primarily liable, with attorney's fees and expenses of the suit. Such recovery may be had on motion in the original proceedings. No such employer shall be liable as in this section provided, if the employee was insured by his immediate or any intermediate employer.
4. The provisions of this section shall not apply to the relationship between a for-hire motor carrier operating within a commercial zone as defined in section 390.020 or 390.041 or operating under a certificate issued by the Missouri department of transportation or by the United States Department of Transportation, or any of its subagencies, and an owner, as defined in section 301.010, and operator of a motor vehicle.
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(RSMo 1939 § 3698, A.L. 2005 S.B. 1 & 130, A.L. 2017 S.B. 8 merged with S.B. 222 merged with S.B. 225)
Prior revision: 1929 § 3308
(1964) In view of sections 287.040 and 287.120 subcontractor's injured employee could not maintain common law action for damages against general contractor. Thompson v. Kroeger (Mo.), 380 S.W.2d 339.
(1965) "Premises", as used in this section contemplates any place, under exclusive control of employer, where employer's usual business is being carried on or conducted. Johnson v. Simpson Oil Co. (A.), 394 S.W.2d 91.
(1972) As used in subdivision 1 of this section, the term "premises" is not restricted to the permanent site of the statutory employer's business nor limited to property owned or leased by him, but contemplates any place under the exclusive control of the statutory employer where his usual business is being carried on or conducted. Boatman v. Superior Outdoor Advertising Co. (A.), 482 S.W.2d 743.
(1976) To become a statutory employee three conditions must be met: 1. The work was performed under a contract; 2. The injury must have occurred on or about the premises of the employer; 3. The injury must have occurred while performing work normally done in the usual course of business of the employer. Miller v. Municipal Theatre Ass'n of St. Louis (A.), 540 S.W.2d 899.
(2009) Question of status as to statutory employee is not a matter of subject matter jurisdiction subject to a motion to dismiss; issue may be waived if not timely raised as an affirmative defense. McCracken v. Wal-Mart Stores East, LLP, 298 S.W.3d 473 (Mo.banc).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVIII - Labor and Industrial Relations

Chapter 287 - Workers' Compensation Law

Section 287.010 - Citation of law.

Section 287.020 - Definitions — intent to abrogate earlier case law.

Section 287.021 - Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined.

Section 287.030 - Employer defined.

Section 287.035 - Partners, sole proprietors may elect to receive benefits for themselves — employees, effect — insurer's liability — intent of law — withdrawal of employee from coverage, procedure.

Section 287.037 - Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection — S corporation, certain shareholders may elect or reject coverage.

Section 287.040 - Liability of employer — contractors, subcontractors.

Section 287.041 - For-hire motor carrier not an employer of a lessor — definition.

Section 287.043 - Abrogation of case law regarding definition of owner.

Section 287.060 - Employers and employees affected by this act.

Section 287.061 - Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect.

Section 287.063 - Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when.

Section 287.067 - Occupational disease defined — repetitive motion, loss of hearing, radiation injury, communicable disease, others.

Section 287.070 - Occupational diseases directly related to cleanup of an illegal drug manufacturing lab.

Section 287.090 - Exempt employers and occupations — election to accept — withdrawal — notification required of insurance companies.

Section 287.100 - Legislative intent relative to other laws expressed.

Section 287.110 - Scope of chapter as to injuries and diseases covered.

Section 287.120 - Liability of employer set out — compensation increased or reduced, when — use of alcohol or controlled substances or voluntary recreational activities, injury from — effect on compensation — mental injuries, requirements, firefighte...

Section 287.123 - Insurers to establish safety engineering and management services program — requirements — division to maintain registry.

Section 287.124 - Department of labor and industrial relations, certification of employer safety programs, when.

Section 287.126 - Toll-free telephone number for workers' compensation information, division to establish.

Section 287.127 - Notice, employer to post, contents — division to develop, distribute, and publish notice, when — penalty.

Section 287.128 - Unlawful acts, penalties — fraud or noncompliance, complaint may be filed, effect — fraud and noncompliance unit established, purpose, confidentiality of records — annual report, contents.

Section 287.129 - False billing practices of health care provider, defined, effect — department of commerce and insurance, powers — penalty.

Section 287.130 - Employer's liability joint and several — contribution allowable.

Section 287.135 - Managed care services, department to establish program to certify organizations, procedures — effect on fees and services.

Section 287.140 - Employer to provide medical and other services, transportation, artificial devices, reactivation of claim — duties of health care providers — refusal of treatment, effect — medical evidence — division, commission responsibilities —...

Section 287.141 - Physical rehabilitation, defined, division of workers' compensation to administer — procedure.

Section 287.143 - Vocational rehabilitation services, not mandatory — testing and assessment.

Section 287.144 - Definitions.

Section 287.145 - Rehabilitation practitioners, providers, certification of, how.

Section 287.146 - Employee authorized to receive vocational rehabilitation, when — duties of director.

Section 287.148 - Loss of suitable, gainful employment, how determined — severe injury, defined — plan, duration, costs allowed.

Section 287.149 - Benefits to be paid, when — reduction of benefits, when.

Section 287.150 - Subrogation to rights of employee or dependents against third person, effect of recovery — construction design professional, immunity from liability, when, exception — waiver of subrogation rights on certain contracts void, employer...

Section 287.160 - Waiting period — compensation, how paid — interest, how computed — not credit to employer for wages or benefits paid, exception.

Section 287.170 - Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when.

Section 287.180 - Temporary partial disability, amount to be paid — method of payment.

Section 287.190 - Permanent partial disability, amount to be paid — permanent partial disability defined — permanent total and partial total disability require certification by physician on compensability — award reduced when.

Section 287.195 - Claims for hernia, proof required.

Section 287.197 - Occupational deafness — tests, claims, awards, liability of employer, effect of hearing aid.

Section 287.200 - Permanent total disability, amount to be paid — suspension of payments, when — toxic exposure, treatment of claims.

Section 287.203 - Termination of compensation by employer, employee right to hearing — assessment of costs.

Section 287.210 - Physical examination of employee — exchange of medical records — admissibility of physician's, coroner's records — autopsy may be ordered.

Section 287.215 - Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included.

Section 287.220 - Compensation and payment of compensation for disability — second injury fund created, services covered, actuarial studies required — failure of employer to insure, penalty — records open to public, when — concurrent employers, effec...

Section 287.223 - Missouri mesothelioma risk management fund created — definitions — issuance of payments, when — board of trustees, appointment, meetings, duties.

Section 287.230 - Payment of compensation at death of employee — exceptions — abrogation of case law.

Section 287.240 - Death benefits and burial expenses, amount, to whom paid and when paid — dependent defined — death benefits, how distributed — record of dependents, employer to keep — dependents to report to division, procedure.

Section 287.241 - Death benefits, inconsistent with section 287.240, when.

Section 287.243 - Line of duty compensation — definitions — claim procedure — distribution — no subrogation rights for employers or insurers — grievance procedures — sunset date — fund created, use of moneys — rulemaking authority.

Section 287.245 - Volunteer firefighters, grants for workers' compensation insurance premiums — or cancer benefits pool.

Section 287.250 - Compensation, computation of — average weekly wage, division or commission may determine, when — additional compensation for persons under twenty-one, when — multiple employers, computation of coverage — weekly wage — compromise set...

Section 287.252 - Cafeteria plan payroll deductions, not to reduce computation of employee compensation.

Section 287.253 - Monetary bonus, effect on benefits.

Section 287.260 - Compensation to have priority — not assignable — exceptions.

Section 287.266 - Payments made to public assistance recipients to be a debt due state, recovery by state — attorney's fees — assignment of rights — apportionment by judge, when.

Section 287.270 - Benefits from other sources no bar to compensation, exception, professional athletes.

Section 287.280 - Employer's entire liability to be covered, self-insurer or approved carrier — exception — group of employers may qualify as self-insurers, requirements — rules — confidential records.

Section 287.282 - Employee leasing arrangements, coverage required.

Section 287.290 - Employee not to pay cost of insurance.

Section 287.300 - Employer's liability primary or secondary — notice and service, when sufficient.

Section 287.310 - Policies to be approved by department — deductible plans authorized, requirements.

Section 287.335 - Determinations review board, created, purpose — code classifications, classification system, review of, duties.

Section 287.340 - Insurance companies must keep reserve.

Section 287.350 - Insurance companies to make report.

Section 287.360 - Director may suspend or revoke permits and ask for a receiver.

Section 287.370 - Compensation in lieu of insurance, how provided.

Section 287.380 - Employer or insurer to make report to division, requirements — information not to be disclosed — failure to report, penalty.

Section 287.390 - Compromise settlements, how made — validity, effect, settlement with minor dependents — employee entitled to one hundred percent of offer, when — maximum medical improvement, rating from second physician, when.

Section 287.400 - Accident — duty of division — employer.

Section 287.410 - Powers and functions of the division of workers' compensation.

Section 287.420 - Written notice of injury to be given to employer — exceptions.

Section 287.430 - Limitation as to action, exception.

Section 287.440 - Limitation begins to run, when.

Section 287.450 - Failure to agree on compensation — division to hold hearings.

Section 287.460 - Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements.

Section 287.470 - Commission may review and change award.

Section 287.480 - Application for review, time limit — when deemed filed — bond required, when.

Section 287.490 - Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising before August 13, 1980.

Section 287.495 - Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980.

Section 287.500 - Circuit court may act upon memorandum — procedure.

Section 287.510 - Temporary or partial awards may be made.

Section 287.520 - Notice — manner of serving.

Section 287.530 - Commission or division may commute compensation, when and how.

Section 287.540 - Compensation commuted — funds, how paid out.

Section 287.550 - Proceedings before commission to be informal and summary.

Section 287.560 - Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid.

Section 287.570 - Contempt — penalty.

Section 287.580 - Death, pending proceedings — action shall not abate.

Section 287.590 - Division may be sued — official seal.

Section 287.600 - Oath of office.

Section 287.610 - Additional administrative law judges, appointment and qualification, limit on number — annual evaluations — review committee, retention vote — jurisdiction, powers — continuing training required — performance audits required — rules...

Section 287.615 - Employees of division — compensation — selection.

Section 287.620 - Attorney general legal adviser.

Section 287.630 - Forms, other material furnished by commission and division.

Section 287.640 - Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held.

Section 287.642 - Public information programs, division to establish.

Section 287.650 - Division to make rules and regulations — power to destroy reports, when — rules.

Section 287.655 - Dismissal of claims, when, how, effect.

Section 287.660 - Fees.

Section 287.670 - No fees for services of public officers.

Section 287.680 - Annual report to governor.

Section 287.690 - Premium tax on insurance carriers, purpose, rate, how determined — use of funds for employers mutual insurance company, purpose.

Section 287.700 - Returns delinquent — duty of director.

Section 287.710 - Tax returns — payments — use of proceeds — funds and interest not to lapse.

Section 287.713 - Director, report of expenditures.

Section 287.715 - Annual surcharge required for second injury fund, amount, how computed, collection — violation, penalty — supplemental surcharge, amount.

Section 287.716 - Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders.

Section 287.717 - Surcharge collection, procedure — failure to pay, interest assessed, when.

Section 287.720 - Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect.

Section 287.730 - Employer carrying own risk must pay tax.

Section 287.740 - Compliance with provisions obligatory — penalty for violation.

Section 287.745 - Delinquent taxes, interest, rate — overpayment of taxes, credit.

Section 287.750 - Sufficiency of notice.

Section 287.760 - Insurance carriers exempt from other tax, when.

Section 287.780 - Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined.

Section 287.790 - Penalty not specifically provided — misdemeanor.

Section 287.800 - Law to be strictly construed.

Section 287.801 - Review of claims, by whom.

Section 287.804 - Waiver of compensation by employee, procedure.

Section 287.808 - Burden of proof.

Section 287.810 - Change of administrative law judge, procedure, limitations.

Section 287.811 - Discovery in workers' compensation cases, sections not to effect.

Section 287.812 - Definitions.

Section 287.813 - Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when.

Section 287.815 - Retirement, age and service qualifications.

Section 287.820 - Benefits, amount, how payable — exemption from execution, certain judgment claims to be unassignable, exception — contributions to health care plan — consultants appointment, compensation, annual increases, how computed.

Section 287.825 - Death of member before or after retirement — benefits of beneficiaries.

Section 287.830 - Retirement with less than twelve years service — benefits.

Section 287.835 - Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when.

Section 287.840 - Practice of law after retirement — restrictions.

Section 287.845 - Administration of retirement system and funds.

Section 287.846 - Retirement benefit plan exclusive, exception — transfer of funds from other system.

Section 287.850 - Life insurance benefits.

Section 287.855 - Disability benefits.

Section 287.856 - Administrative law judges and legal advisors serving in Armed Forces may elect to purchase creditable prior service — contributions, payment period — surviving spouse may receive refund.

Section 287.860 - Guaranty association, created, all self-insured to be members — powers — withdrawing member, duties.

Section 287.862 - Board of directors, members, appointment, qualifications — director to be member — terms, vacancies — expense reimbursement.

Section 287.865 - Moneys not deemed state moneys — use of funds — reports to director, when — additional powers of corporation — assessments, division shall levy, amount — no dividends to be paid — bankruptcy, dissolution, or insolvency of self-insur...

Section 287.867 - Insolvency fund, created — purposes, audit of.

Section 287.870 - Plan of operation, submitted to division, when — purpose, contents — effective, when.

Section 287.872 - Powers and duties of division.

Section 287.875 - Assignment of recovery rights to corporation, when — receiver or liquidator, rights — corporation to file statements with receiver, when.

Section 287.877 - Insolvent member, board may determine, how — notice to division, when.

Section 287.880 - Liability, limitation of.

Section 287.882 - Automatic stay of proceedings, when, duration.

Section 287.885 - Limitations on actions.

Section 287.886 - Severability clause.

Section 287.892 - Workers' compensation insurers to report cost data to department.

Section 287.894 - Insurers to report medical claims data to division of workers' compensation, contents — consolidated health plan, duties — purpose — costs — penalty for failure to comply.

Section 287.896 - Residual market, department to develop plan — insurers to participate, rates, procedures — duties of director.

Section 287.900 - Citation of law — definitions.

Section 287.902 - Missouri employers mutual insurance company, created, powers, purpose.

Section 287.905 - Board, created — members, appointment, qualifications, terms — chairman.

Section 287.907 - Administrator, hiring of, qualifications, compensation — powers of board, generally.

Section 287.909 - Administrator, duties of, bond required — immunity from liability, board and employees.

Section 287.910 - Rates, board to determine, how.

Section 287.912 - Investment policy, board to determine — administrator to make investments, how.

Section 287.915 - Agents may sell policies, commissions.

Section 287.917 - Workplace safety program, administrator to formulate — safety plan, contents — rates may be reduced, when.

Section 287.919 - Company not to receive state appropriation, exception — revenue bonds, authorization, terms, execution, procedures.

Section 287.920 - Audit required, when, procedure — report, contents, governor and general assembly to receive — administrator to formulate budget — department, duties — subscribers to be provided policy, when.

Section 287.930 - Definitions.

Section 287.932 - Act not applicable, when — unfair trade practices, when.

Section 287.935 - Insurer and advisory organization not to make agreement restraining trade — insurer must use uniform experience rating plan — exceptions.

Section 287.937 - Director may conduct examinations — insurer and advisory organizations to maintain records, purpose — cost of examination — outstate examination may be accepted.

Section 287.940 - Penalties for violations, director may impose — each day a separate violation, when — license may be suspended or revoked, when.

Section 287.942 - Competitive market presumed to exist, when — reasonable degree of competition, factors.

Section 287.945 - Director to monitor degree of competition, purpose.

Section 287.947 - Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection.

Section 287.950 - Competitive market, rates not to be excessive, inadequate, unfairly discriminatory.

Section 287.952 - Rate standards in noncompetitive market, factors.

Section 287.955 - Insurers to adhere to uniform classification system, plan — director to designate advisory organization, purpose, duties — risk premium modification plan, requirements.

Section 287.957 - Experience rating plan, contents.

Section 287.960 - Disapproval of rate, when, how — procedures, director's powers — effect.

Section 287.962 - Hearings, when, conduct of — findings made, when — right to judicial determination.

Section 287.965 - Aggrieved party may file application with director, hearing held, when — findings, effect of.

Section 287.967 - Advisory organization must obtain license, restrictions — license, application — designation of by director, duration.

Section 287.970 - Advisory organization not to file rates on behalf of insurer, exception.

Section 287.972 - Advisory organization's permitted activities — director may allow pure premium rate data to be distributed.

Section 287.975 - Pure premium rate, schedule of rates, filed with director, when — payroll differential, advisory organization to collect data, when, purpose — construction group, submission to advisory organization.