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Workers Compensation: Recovery for Employees of Independent Contractors

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Workers Compensation: Recovery for Employees of Independent Contractors  

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.

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Roskin and Hoffman


10900 Manchester Rd, STE 213
St. Louis, MO 63122
Office:(314) 821-9013
Facsimile:(314) 821-4580
Toll Free: (800) 338-6686

Representing Workers Compensation
Clients throughout the State of
Missouri, including, but not limtied
to, the following Counties:
St. Louis, Missouri Workers Compensation Lawyer / Attorney

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Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Every case is different and must be judged on its own merits. Past case results afford no guarantee of future results. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The Roskin & Hoffmann, LLC handles workers compensation, personal injury, work injury, work comp and workman compensation cases throughout Missouri. We represents injured clients in St. Louis, Kansas City, Springfield, Jefferson City, Columbia, St. Louis County MO and Saint Charles.

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