Urgent Call to Action Alert - Missouri Members!
February 28, 2005

Last week, the Missouri House of Representatives' Workforce Development and Workplace Safety Committee basically thumbed their noses at the concerns of truckers over proposed changes in the state's workers' compensation laws. This position may cost you gobs of money down the road.

What we asked this committee to do was to specifically spell out how Missouri's work comp laws apply to owner-operator truckers in an amendment that would be included in the final bill and signed by the governor. 

This is the wording of the amendment with the underlined portion being the new language we want added:

"287.290. No part of the cost of such insurance shall be assessed against, collected from or paid by any employee, or by an independent contractor or subcontractor required to purchase such insurance for the benefit of an employer with whom the independent contractor or subcontractor performs services under any contract of hire, express or implied, oral or written, or under any appointment or election."

This amendment doesn't change state law. It simply clarifies how work comp law applies to owner-operators. As you can see, state law has always been clear about the prohibition against employers charging back the costs of work comp insurance to employees. It should be equally clear when it comes to independent contractors (owner-operators).

Work comp is designed to be a benefit to both employers and employees. In the event of an accident that happens on the job the employee receives medical benefits and disability if it is warranted. The employer can contest or deny the claim; he directs the medical care and costs and is insulated from liability, meaning he cannot be sued over what might be unsafe working conditions. Employers pay for this work comp coverage.

Where an independent contractor, sole proprietor (owner-operator) voluntarily chooses to buy work comp coverage, they buy it directly from an insurance company and in the event of an accident or injury they deal directly with the insurance company. When a trucking company (or another company) requires you to buy work comp coverage through them to protect their interests, they are in violation. The new underlined wording we are proposing makes this clear.

Right now, the only company that we are aware of that charges back work comp costs is Prime, but there may be lots more. If we can't get this fixed all companies may soon be doing this. We have to act fast to fix this. Our last chance comes Wednesday, March 2 when the House will pass this bill.

Right now, every Republican House member will vote against us. Their votes and allegiance are with Prime, the Missouri Motor Carrier Association and the Missouri Chamber of Commerce. You can be assured big bucks are involved.

The only thing that can counter big money is a tremendous outcry from constituents - YOU! We have to have the votes of at least 20 Republicans.

Call your representative right now. Tell him/her to support the OOIDA amendment that clarifies work comp statutes. Call right now and call again Tuesday afternoon and ask for a yes or no on the amendment. Then call us with the answer. If we can't get 20 confirmed "yes" votes, we can't win. Please make those calls!

For your representative's contact information, visit www.senate.mo.gov/llookup/leg_lookup.aspx, or call the OOIDA Membership Department at 1-800-444-5791 and they'll look it up.