Legal Question in Personal Injury in Missouri
Statutory Employee
I signed an Assignment Agreement Letter (not a contract), with my company in Colorado to take a nursing travel assignment in a hospital in Missouri. I was severely injured in that hospital by a patient while performing my normal duties. The hospital did not follow their own policy for nurse to patient ratio (because I was a travel nurse). I ask several times for the assignment to be changed to no avail. Am I considered a statutory employee and have no recourse with the hospital. My company is paying for the W/C claim.
1 Answer from Attorneys
Re: Statutory Employee
You are very savvy! The letter may meet the requirement of a contract, but without reviewing it, it is impossible to tell. Clearly, you are performing the type of work the hospital would normally do, so that the other requirements for statutory employment are met.
Under Missouri law, you are entitled to wages while you are off work, medical treatment, and a lump sum for disability under Workers' compensation law. Some level of disability is usually found in a Workers' compensation case, even though you may not be totally or substantially disabled for life. If you are a statutory employee, both your company and the hospital are liable for work comp benefits- unfortunately, this law underpays large injuries while overpaying small ones.
Another avenue to consider- if you were injured by the patient, they are not protected by workers' compensation law, and may have coverage under their homeowner's policy.
If you have other questions, please feel free to contact me, without cost or obligation.
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