Re: Is Missouri a No Fault State
It depends on the type of activity she was engaged in at the time of the injury.
I have a friend who lives in MO, and hurt herself at work when she tripped and fell, breaking hear arm.
She's had people tell her, that because it wasn't a trip from something on the floor, but just her being clumsy, she has no workers comp case.
If at the the time of the accident she "was engaged in an activity of a purely personal nature, independent of the employment relationship." it's not compensable.
If she was acting "out of and in the course of the employee’s employment" it is compensable.
Course of Employment
Engaged in the Furtherance of Employer’s Business
In Missouri, an injury/accident must arise out of and in the course of the employee’s employment to be found compensable. Generally, accidents which occur while the employee is acting in furtherance of the employer’s business will be compensable. An injury suffered by an employee while performing an act for the mutual benefit of the employer and employee is usually compensable.
Not in Furtherance of Employer’s Business
An injury is not compensable if, at the time it occurred, the employee was engaged in an activity of a purely personal nature, independent of the employment relationship.
Also the injury must be the result of an "accident"
Under the Missouri Worker's Compensation Act, the term injury is defined in connection to the term accident.
MISSOURI WORKERS' COMPENSATION CLAIM HANDLING GUIDELINES
Not sure of what you mean by "no fault" - when posting such statements you should post the source for your info.
I live in KY, and we have a no fault workers comp law,
In Kentucky, the same rules apply except Kentucky has a different definition for "injury"
Like Missouri "the injury must occur within the "Course and Scope of Employment"
There are a number of exclusions including "Failure to Use Safety Equipment, Intentional Assaults, Intoxication, Suicides or Other Self-Injury"
See - 4 COMPENSABILITY, 4.1 General Rule, 4.2 Definition of “Injury” in the below links.
Definition of “Injury”
“Injury” means any work-related traumatic event or series of traumatic events, including cumulative trauma, arising out of and in the course of employment
EXCLUSIONS AND DEFENSES
Course and Scope of Employment
KRS 342.0011(1) requires that a compensable injury must arise both “out of” and “in the course of” the employment.
“[t]he burden is upon the claimant to prove the causation of injury was work connected.” Jones v. Newberg, 890 S.W.2d 284, 285 (Ky. 1994). As a result, a claimant must prove that the work element was a “proximate cause” of the injury to satisfy the course and scope of employment requirement. See KRS 342.0011.
KENTUCKY WORKERS' COMPENSATION CLAIM HANDLING GUIDELINES
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.