汽车专业 翻译 中英文（全）a person who is injured in an automobile accident while in the ... 学位论文.doc

UNINSURED MOTORIST COVERAGE THE IMPACT OF WORKERS’ COMPENSATION AND WORK-RELATED INJURIES By Timothy W. Monsees A person who is injured by a co-employee in an automobile accident while in the course of his or her employment may be entitled to recover under both a policy providing for uninsured motor vehicle coverage (UM) and under the workers’ compensation law. This situation raises several legal issues. First, in light of case law immunizing co-employees from legal liability under workers’ compensation, is the at-fault employee considered someone from whom the injured party is “legally entitled to recover?” Second, from whose uninsured motorist policy can an injured worker recover? Finally, may an injured employee recover both uninsured motor vehicle benefits and workers’ compensation? The Workers’ Compensation Law, §287.010 R.S.Mo. et seq., provides the exclusive remedy for employees against employers for injuries covered by its provisions. However, this immunity extends to employees of the employer in a more limited fashion. While suits against employees personally for breach of the duty to maintain a safe working environment are preempted by the workers’ compensation laws, an employee may sue a fellow employee for affirmative negligent acts outside the scope of an employer’s responsibility to provide a safe workplace. Gunnett v. Girardier Bldg. And Realty Co. 70 S.W.3d 632 (Mo.App. E.D., 2002). This raises the question, what is an “affirmative negligent act”? In State ex rel. Taylor v. Wallace, 73 S.W.3d 620, 623 (Mo. 2002) the Court stated that, “the question of what constitutes an “affirmative negligent act” has not proven susceptible of reliable definition, and Missouri courts have essentially applied the rule on a case by case basis with close reference to the facts in each individual case.” Id. Without an “affirmative negligent act” a co-employee tortfeasor cannot be held liable, so the only way for an injured employee to collect for the n