Missouri Revised Statutes

Mo. Rev. Stat. § 287.040 (2026)

Liability of employer

✓ current as of May 2026

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287.040. Liability of employer — contractors, subcontractors. — 1. Any person who has work done under contract on or about his premises which is an operation of the usual business which he there carries on shall be deemed an employer and shall be liable under this chapter to such contractor, his subcontractors, and their employees, when injured or killed on or about the premises of the employer while doing work which is in the usual course of his business.

2. The provisions of this section shall not apply to the owner of premises upon which improvements are being erected, demolished, altered or repaired by an independent contractor but such independent contractor shall be deemed to be the employer of the employees of his subcontractors and their subcontractors when employed on or about the premises where the principal contractor is doing work.

3. In all cases mentioned in the preceding subsections, the immediate contractor or subcontractor shall be liable as an employer of the employees of his subcontractors. All persons so liable may be made parties to the proceedings on the application of any party. The liability of the immediate employer shall be primary, and that of the others secondary in their order, and any compensation paid by those secondarily liable may be recovered from those primarily liable, with attorney's fees and expenses of the suit. Such recovery may be had on motion in the original proceedings. No such employer shall be liable as in this section provided, if the employee was insured by his immediate or any intermediate employer.

4. The provisions of this section shall not apply to the relationship between a for-hire motor carrier operating within a commercial zone as defined in section 390.020 or 390.041 or operating under a certificate issued by the Missouri department of transportation or by the United States Department of Transportation, or any of its subagencies, and an owner, as defined in section 301.010, and operator of a motor vehicle.

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(RSMo 1939 § 3698, A.L. 2005 S.B. 1 & 130, A.L. 2017 S.B. 8 merged with S.B. 222 merged with S.B. 225)

Prior revision: 1929 § 3308

(1964) In view of sections 287.040 and 287.120 subcontractor's injured employee could not maintain common law action for damages against general contractor. Thompson v. Kroeger (Mo.), 380 S.W.2d 339.

(1965) "Premises", as used in this section contemplates any place, under exclusive control of employer, where employer's usual business is being carried on or conducted. Johnson v. Simpson Oil Co. (A.), 394 S.W.2d 91.

(1972) As used in subdivision 1 of this section, the term "premises" is not restricted to the permanent site of the statutory employer's business nor limited to property owned or leased by him, but contemplates any place under the exclusive control of the statutory employer where his usual business is being carried on or conducted. Boatman v. Superior Outdoor Advertising Co. (A.), 482 S.W.2d 743.

(1976) To become a statutory employee three conditions must be met: 1. The work was performed under a contract; 2. The injury must have occurred on or about the premises of the employer; 3. The injury must have occurred while performing work normally done in the usual course of business of the employer. Miller v. Municipal Theatre Ass'n of St. Louis (A.), 540 S.W.2d 899.

(2009) Question of status as to statutory employee is not a matter of subject matter jurisdiction subject to a motion to dismiss; issue may be waived if not timely raised as an affirmative defense. McCracken v. Wal-Mart Stores East, LLP, 298 S.W.3d 473 (Mo.banc).

Notes of Decisions

Cited in 149 cases (4 in the last 5 years), 1953–2024 · leading case: Crain v. Webster Elec. Coop., 568 S.W.2d 781 (Mo. Ct. App. 1978).

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Crain v. Webster Elec. Coop., 568 S.W.2d 781 (Mo. Ct. App. 1978). · cites it 28× “Subsection (3) of § 287.040 carves out exceptions to the provisions of § 287.”

McGuire v. Tenneco, Inc., 756 S.W.2d 532 (Mo. 1988). · cites it 20× “Appellant maintains that the trial court erred in finding him a "statutory employee" under Section 287.040, RSMo 1986, and in dismissing his personal injury action for lack of subject matter jurisdiction.”

Bass v. Nat'l Super Markets, Inc., 911 S.W.2d 617 (Mo. 1995). · cites it 14× “We granted transfer to reexamine the manner in which appellate courts of this state have made determinations of statutory employment under section 287.040, RSMo 1994. The specific issue in this ease is whether the trial court properly concluded as a matter of law that section…”

Montgomery v. Mine La Motte Corp., 304 S.W.2d 885 (Mo. 1957). · cites it 30× “120 (2) from maintaining this suit for common law negligence against defendant ■ because (1) he never agreed to accept defendant as an employer and for that reason he could not be a “statutory employee” within the meaning of Section 287.040(1), and (2) Smith was not an…”

Lewis Ex Rel. Brown v. Gilmore, 366 S.W.3d 522 (Mo. 2012). · cites it 12× “1 together with section 287.040, [2] which defines the workers' compensation liability for a statutory employer when the immediate employer fails to carry workers' compensation insurance.”

Vatterott v. Hammerts Iron Works, Inc., 968 S.W.2d 120 (Mo. 1998). · cites it 13× “The trial court found that Hammerts was Vatterott’s statutory employer under section 287.040, RSMo 1994, and dismissed the action for lack of subject matter jurisdiction, explaining that Vatterott’s exclusive remedy was under the Workers’ Compensation Law.”

MARK E. McGUIRE, Claimant-Respondent v. CHRISTIAN Cnty., Emp.-Appellant, & MISSOURI Ass'n OF COUNTIES, Insurer-Appellant, 442 S.W.3d 117 (Mo. Ct. App. 2014). · cites it 22× “On March 16, 2009, Christian County and its insurer filed a motion entitled “Application of Christian County Pursuant to Section 287.040.[4][ 3 ] to Make [OBC] a Party to the Proceedings” and recited in its application the provisions of sections 287.”

State Ex Rel. MW Builders, Inc. v. Midkiff, 222 S.W.3d 267 (Mo. 2007). · cites it 8× “Section 287.040. Under these provisions, statutory employment exists when: (1) the work is performed pursuant to a contract; (2) the injury occurs on or about the premises of the alleged statutory employer; and (3) the work is in the usual course of the alleged statutory…”

Chouteau v. Netco Constr., 132 S.W.3d 328 (Mo. Ct. App. 2004). · cites it 9× “020, RSMo 2000, nor a statutory employee under section 287.040, RSMo 2000. 1 Netco further argued that even if Mr.”

Johnson v. Simpson Oil Co., 394 S.W.2d 91 (Mo. Ct. App. 1965). · cites it 14× “[Section 287.040], 1 whose liability under the Compensation Law was insured by Travelers Insurance Company.”

Wood v. Procter & Gamble Mfg. Co., 787 S.W.2d 816 (Mo. Ct. App. 1990). · cites it 11× “This motion was based on section 287.040, RSMo 1986, regarding statutory employment.”

Ward v. Curry, 341 S.W.2d 830 (Mo. 1960). · cites it 13× “The trial court found, in substance, that although Ward had sought from and had been paid workmen’s compensation benefits' by Stewart as Stewart’s “statutory employee” under the provisions of the Workmen’s- Compensation Act (Section 287.040 RSMo 1949, V.A.M.S.), he was, however,…”

Show all 149 citing cases →

— Mo. Rev. Stat. § 287.040(1) — 29 cases

Crain v. Webster Elec. Coop., 568 S.W.2d 781 (Mo. Ct. App. 1978). “Subsection (3) of § 287.040 carves out exceptions to the provisions of § 287.”

Montgomery v. Mine La Motte Corp., 304 S.W.2d 885 (Mo. 1957). “120 (2) from maintaining this suit for common law negligence against defendant ■ because (1) he never agreed to accept defendant as an employer and for that reason he could not be a “statutory employee” within the meaning of Section 287.040(1), and (2) Smith was not an…”

Ward v. Curry, 341 S.W.2d 830 (Mo. 1960). “The trial court found, in substance, that although Ward had sought from and had been paid workmen’s compensation benefits' by Stewart as Stewart’s “statutory employee” under the provisions of the Workmen’s- Compensation Act (Section 287.040 RSMo 1949, V.A.M.S.), he was, however,…”

Sippel v. Custom Craft Tile, Inc., 480 S.W.2d 87 (Mo. Ct. App. 1972).

Ferguson v. Air-Hydraulics Co., 492 S.W.2d 130 (Mo. Ct. App. 1973).

— Mo. Rev. Stat. § 287.040(2) — 2 cases

Hogue v. Wurdack, 298 S.W.2d 492 (Mo. Ct. App. 1957).

Looper v. Carroll, 202 S.W.3d 59 (Mo. Ct. App. 2006).

— Mo. Rev. Stat. § 287.040(3) — 10 cases

Crain v. Webster Elec. Coop., 568 S.W.2d 781 (Mo. Ct. App. 1978). “Subsection (3) of § 287.040 carves out exceptions to the provisions of § 287.”

Canady v. Crystal Dev. Corp., 756 S.W.2d 607 (Mo. Ct. App. 1988).

Cross v. Crabtree, 364 S.W.2d 61 (Mo. Ct. App. 1962).

Anderson v. Steurer, 391 S.W.2d 839 (Mo. 1965).

— Mo. Rev. Stat. § 287.040(4) — 5 cases

Brown v. Gamble Const. Co., Inc., 537 S.W.2d 685 (Mo. Ct. App. 1976).

Anderson v. Steurer, 391 S.W.2d 839 (Mo. 1965).

Ratliff v. Cargill, Inc., 680 S.W.2d 233 (Mo. Ct. App. 1984).

Downing v. Dondlinger & Sons Constr. Co., 294 F. Supp. 104 (W.D. Mo. 1968).

Hallock v. Trans World Airlines, Inc., 364 S.W.2d 636 (Mo. Ct. App. 1963).

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