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Posted on October 2, 2014 by

Do Employees Have a Responsibility to Provide a Safe Workplace?

A Missouri construction worker was recently denied in a negligence claim against his supervisor for an accident that occurred in September 2008. The St. Charles Circuit Court’s decision was upheld in a split ruling by the Missouri Court of Appeals.

As reported by, Curt Peters was working for Tramar Contracting Inc. of St. Louis when he was injured by a falling stack of dowel baskets manufactured by Iowa-based Wady Industries Inc. Peters filed a negligence action against Wady and his supervisor, Patrick Terrio, claiming that Terrio had received warnings about unsafe stacking of the baskets.

Before 2005, Missouri’s workers comp laws protected co-workers from liability except for “affirmative acts beyond normal job duties.” An amendment adopted that year removed co-worker immunity. Despite the change, the Circuit Court granted Terrio’s motion to dismiss the suit on the grounds that it failed to prove any actions that fell outside Tramar’s duties to provide a safe workplace.

In dismissing the appeal, the Court of Appeals stated that the responsibility to provide a safe workplace resides solely with the employer. The case is expected to move to the Missouri Supreme Court for final resolution.

If you’re injured in a workplace accident, it’s crucial that you receive all compensation to which you’re legally entitled. As your St. Louis personal injury attorney, we leave no stone unturned to obtain a successful resolution to your claim.