Under Missouri law, a property owner has a duty to use reasonable and ordinary care to prevent injuries to employees of independent contractors. This duty of care is imposed when the injury to the employee is caused by dangerous conditions created by the property owner and when the injury is not in a designated area to which the employee is performing contracted work. In Missouri, workers compensation benefits are generally unavailable to employees of independent contractors who are engaged in inherently dangerous activity, even when the independent contractor is covered by workers compensation. However, the employee may recover damages in a premises liability suit against the landowner.
Premises liability is an alternative remedy for employees who sustain injuries not covered by workers compensation. In a recent case, the employee of an independent contractor hired by a property owner to perform electrical work prevailed on a premises liability action against the owner. The employee sustained an injury when he slipped and fell on a wet hallway floor. The court held that the owner owed a duty of care to the employee when the employee was an invitee in common areas such as the hallway and it breached that duty by failing to maintain reasonably safe common areas. In its reasoning, the court held that the employee was entitled to damages because the injury occurred in a common area that was not a contracted work site but was an area the landowner exercised complete control.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.
