Teamsters Challenge New Worker's Comp Law in Court

Teamsters joined more than 70 labor groups in filing suit Wednesday against the State of Missouri, challenging Missouri's new workers' compensation law.

Teamsters Local 688 Secretary-Treasurer Michael Goebel said the new law will deny justice to thousands of workers hurt on the job, especially those who suffer repetitive stress injuries. This is a critical gap in protecting workers since repetitive stress injuries are a common result of hard physical labor. An example of a repetative stress injury is a back problem from constant lifting or knee problems from constant bending.

"Medical information has shown that repetitive stress wears down the body over time," said workers compensation attorney Gary Wolfe. "Yet the legislature has made it that much tougher to compensate workers for injuries that Teamsters suffer in some of physically most demanding jobs.

The Teamsters lawsuit asks the Cole County Circuit Court to strike down the new law.

The Missouri Legislature first enacted the Workers' Compensation Law in 1925. The Law was an attempt to reach a compromise between the interests of workers and those interests of employers and insurance companies. The compromise agreement provided two important foundations. First, established was a no-fault system-meaning that workers are compensated for job-related injuries, regardless of fault. Second, workers' compensation became the exclusive remedy for injuries suffered on the job. The new law holds onto those principles but also makes another important change: it changes the qualification for a work injury from "substantial" to "prevailing factor." Wolfe said this simple language change will prevent thousands of work injuries from being covered, especially older employees who might have a more difficult time proving the increased standard.

"What this new law does is break the spirit of the original compromise - a compromise that protected workers at a basic level while protecting the economic interests of business," Wolfe said. "Employees hurt at work are left out in the cold."

The anti-worker law was one of this year's top priorities for Republican Gov. Matt Blunt and the GOP-led Legislature who said it was needed to improve Missouri's business climate.

Click here to get a list of changes in the workers compensation law from the Missouri Industrial and Labor Relations website.