Loophole in Missouri law means employers may be off the hook if you die on the job

ST. LOUIS (KMOV) — Working in Missouri comes with the chance that for those who die on the job, your employer may very well be off the hook. It’s one thing {that a} latest lawsuit is placing a highlight on and leaving some questioning if there’s a loophole in state legislation.

At present, the Missouri Division of Transportation (MoDOT) is dealing with a lawsuit for the wrongful demise of an unborn child, all whereas the case for the pregnant lady, who was a MoDOT worker, was dismissed.

The case stems from a lethal work zone crash that occurred final November in St. Louis County. A MoDOT crew was engaged on restriping Telegraph Street close to Interstate 255. The lane they had been working in was closed, and the work zone was clearly marked with a truck, cones, and a flashing arrow signal alerting drivers to maneuver over.

Investigators reported that 52-year-old Stanley McFadden suffered a diabetic emergency behind the wheel and crashed by the work zone. The crash killed 25-year-old Kaityln Anderson, who was six months pregnant with a child boy she named Jaxx. Her co-worker, 58-year-old James Brooks, was additionally killed. One other MoDOT employee, Michael Brown, was left with life-long accidents however survived the crash.

Earlier this yr, Anderson’s household sued MoDOT for negligence and wrongful demise. Anderson’s mother, Tonya Musskopf, advised Information 4 it was troublesome studying her daughter’s case wouldn’t be transferring ahead.

“Kaitlyn’s life abruptly grew to become meaningless,” Musskopf stated. “Kaitlyn went to work, she ought to have come house. Jaxx can be 5 months previous.”

In courtroom filings, MoDOT argued Missouri’s Employees’ Compensation legislation protects them from “legal responsibility.”

“There’s no incentive for the employer to behave safely as a result of they’ll kill you at no cost,” stated Andrew Mundwiller, the lawyer representing Anderson’s household.

Mundwiller stated the legislation requires employers to pay some advantages when an worker dies on the job.

“The employer solely has to pay $5,000 for burial bills, and you’ll’t bury somebody for that a lot,” he defined.

Nevertheless, Missouri’s legislation comes with a catch. If an worker isn’t married or doesn’t have youngsters who’re minors, the employer doesn’t need to pay a dime. This a part of the legislation isn’t unique to MoDOT or state businesses, it applies to all employers together with personal firms.

“That could be a large gap in Missouri legislation, and I might hope that cheap legislators would have a look at this as a chance to repair an injustice that impacts an enormous phase of Missourians,” Mundwiller added.

Mundwiller stated issues went a step farther in Kaitlyn Anderson’s case. Within the civil lawsuit, MoDOT used Missouri’s Employees’ Compensation legislation to argue it may well’t be held accountable for negligence or wrongful demise.

“They will go into courtroom and say, nicely you’ve lined by comp, regardless that they didn’t pay you any comp, and use that as a protection,” he stated.

In courtroom filings, MoDOT argued that Anderson’s unborn child Jaxx was an worker too and wished the case for him dismissed. The St. Louis County Circuit Court docket choose didn’t agree.

“It felt good figuring out that somebody acknowledged him,” Musskopf stated.

When Information 4 Investigates requested MoDOT concerning the case, a spokeswoman stated the division can’t touch upon pending litigation.

Anderson’s household can be suing the MoDOT supervisor and driver. Each of these circumstances are transferring ahead.

In July, the St. Louis County Prosecutor’s Workplace determined to not file prison prices towards the motive force, claiming it was an accident.

Information 4 Investigates discovered this was the second time the motive force had been in a crash that investigators thought-about a medical emergency. The primary one occurred three months earlier than the lethal wreck.

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