For the last 25 years employees hurt on the job had to choose between taking workers compensation or suing their employer. Simply put, if a worker chose workers compensation then he/she would be barred from suing their employer by statute 287.120, which stated workers compensation, if received by employee, shall be the exclusive remedy. Thus, all an employer had to do to get an employee’s case dismissed was show the employee took workers compensation. The Missouri Supreme Court changed all that by affirming a case called McCracken v. Wal-Mart Stores East, LP.
Our state supreme court held “Missouri’s constitution is unequivocal in stating that circuit courts have original jurisdiction over all cases and matters, civil and criminal”, which naturally includes personal injury actions. Thus, Missouri Courts are no longer forced to dismiss employee lawsuits when employers assert the 287.120 defense. In essence, that statute can not trump our state constitutional empowerment to the Courts to hear all cases.