Mo. Rev. Stat. » Chapter 287
Missouri Revised Statutes

Mo. Rev. Stat. § 287.030 (2026)

Employer defined

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  287.030.  Employer defined. — 1.  The word "employer" as used in this chapter shall be construed to mean:

  (1)  Every person, partnership, association, corporation, limited liability partnership or company, trustee, receiver, the legal representatives of a deceased employer, and every other person, including any person or corporation operating a railroad and any public service corporation, using the service of another for pay;

  (2)  The state, county, municipal corporation, township, school or road, drainage, swamp and levee districts, or school boards, board of education, regents, curators, managers or control commission, board or any other political subdivision, corporation, or quasi-corporation, or cities under special charter, or under the commission form of government;

  (3)  Any of the above-defined employers must have five or more employees to be deemed an employer for the purposes of this chapter unless election is made to become subject to the provisions of this chapter as provided in subsection 2 of section 287.090, except that construction industry employers who erect, demolish, alter or repair improvements shall be deemed an employer for the purposes of this chapter if they have one or more employees.  An employee who is a member of the employer's family within the third degree of affinity or consanguinity shall be counted in determining the total number of employees of such employer.

  2.  Any reference to the employer shall also include his or her insurer or group self-insurer.

­­--------

(RSMo 1939 § 3694, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1990 S.B. 751, A.L. 1998 H.B. 1237, et al.)

Prior revision: 1929 § 3304

(1958) Where employee of company owning trucks was placed under direction of company which leased a tractor and trailer and latter company had right to control him in performance of his duties, he became employee of leasing company and his general employer was not liable for his accidental death while so employed.  Patton v. Patton (Mo.), 308 S.W.2d 739.

(2010)  Strict construction of definition of "employer" mandates that a co-employee does not qualify as such and thus is not entitled to invoke employer immunity.  Robinson v. Hooker, 323 S.W.3d 418 (Mo.App. W.D.).

Notes of Decisions
Cited in 47 cases (2 in the last 5 years), 1952–2022 · leading case: Scott v. Edwards Transp. Co., 807 S.W.2d 75 (Mo. 1991).
Sort: Relevance Newest Treatment
Scott v. Edwards Transp. Co., 807 S.W.2d 75 (Mo. 1991). · cites it 20× “(3) Any of the above defined employers must have five or more employees to be deemed an employer for the purposes of this chapter unless election is made to become subject to the provisions of this chapter as provided in subsection 2 of section 287.”
Bennett v. Columbia Health Care, 134 S.W.3d 84 (Mo. Ct. App. 2004). · cites it 6× “We ordered the Commission to address the pertinent issues prescribed by section 287.030, RSMo, including substantial factor and proximate cause.”
Davidson v. Custodian of Second Injury Fund, 327 S.W.3d 583 (Mo. Ct. App. 2010). · cites it 8× “220(9) and the benefits therefrom, I concur for the reason the record before us is insufficient to determine *589 whether Hester was an employer as that term is defined in section 287.030. NOTES [1] Unless otherwise indicated, all statutory references are to RSMo 2000.”
Higgins v. Treasurer of State of Missouri, 140 S.W.3d 94 (Mo. Ct. App. 2004). · cites it 4× “We affirm the Commission’s determination that Higgins’ claim was exempt under Section 287.030, R.S.Mo.2000, 1 because his employer had fewer than five employees.”
Sell v. Ozarks Med. Ctr., 333 S.W.3d 498 (Mo. Ct. App. 2011). · cites it 2× “References to section 287.030 are to RSMo 2000. 8 . References to section 287.”
Tillotson v. St. Joseph Med. Ctr., 347 S.W.3d 511 (Mo. Ct. App. 2011). · cites it 2× “6 The Commission erroneously extended the prevailing fact test added to section 287.030(l)’s definition of “injury” into section 287.”
Wyman v. Missouri Dep't of Mental Health, 376 S.W.3d 16 (Mo. Ct. App. 2012). · cites it 2× “She cites § 287.030, which defines “employer” to include “[t]he state.”
Blew v. Conner, 328 S.W.2d 626 (Mo. 1959). · cites it 4× “" It seems obvious that our act appears thus to recognize a partnership, as distinguished from its constituent members, as an employing entity.”
Mitchell v. St. Louis Cnty., 575 S.W.2d 813 (Mo. Ct. App. 1978). · cites it 2× “Louis County by reason of § 287.030, RSMo Supp.1978. 2 . See also, Frampton v.”
Yount v. Davis, 846 S.W.2d 780 (Mo. Ct. App. 1993). · cites it 4× “" [1] Section 287.030 [2] defines the word "employer" as used in the Workers' Compensation Law, Chapter 287 RSMo.”
Krasney v. Curators of the Univ. of Missouri, 765 S.W.2d 646 (Mo. Ct. App. 1989). · cites it 2× “We assume the plaintiff means to argue that § 287.030 of the Law which defines employer to include not only persons, partnerships, corporations and other business entities, but also, the state, county, municipal corporations, curators, and other governmental entities, places…”
Baxi v. United Tech. Auto. Corp., 122 S.W.3d 92 (Mo. Ct. App. 2003). “Sections 287.030, 287.120 RSMo (Supp.1975).”
Show all 47 citing cases →
Mo. Rev. Stat. § 287.030(1): 3 cases
Smith v. Fabricated Metal Prods., 883 S.W.2d 537 (Mo. Ct. App. 1994).
Ott v. Consol. Underwriters, 311 S.W.2d 52 (Mo. Ct. App. 1958).
Gazzoli v. Star Novelty Co., 354 S.W.2d 296 (Mo. Ct. App. 1962).
Mo. Rev. Stat. § 287.030(2): 3 cases
West v. Atlas Chem. Indus., Inc., 264 F. Supp. 697 (E.D. Mo. 1966).
City of St. Louis v. Grimes, 630 S.W.2d 82 (Mo. 1982).
Louden v. Richmond Life Ins. Co., 497 S.W.2d 188 (Mo. Ct. App. 1973).
Mo. Rev. Stat. § 287.030(3): 2 cases
Irving v. Missouri State Treasurer, 35 S.W.3d 441 (Mo. Ct. App. 2000).
Breeze v. Helm & Sons Lumber Co., 23 S.W.3d 886 (Mo. Ct. App. 2000).
Mo. Rev. Stat. § 287.030(l): 1 case
Tillotson v. St. Joseph Med. Ctr., 347 S.W.3d 511 (Mo. Ct. App. 2011). “6 The Commission erroneously extended the prevailing fact test added to section 287.030(l)’s definition of “injury” into section 287.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.