Missouri Revised Statutes

Mo. Rev. Stat. § 287.130 (2026)

Employer's liability joint and several

✓ current as of May 2026
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  287.130.  Employer's liability joint and several — contribution allowable. — If the injury or death occurs while the employee is in the joint service of two or more employers, their liability shall be joint and several, and the employee may hold any or all of such employers.  As between themselves such employers shall have contribution from each other in the proportion of their several liability for the wages of such employee but nothing in this chapter shall prevent such employers from making a different distribution of their proportionate contributions as between themselves.

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(RSMo 1939 § 3697)

Prior revision: 1929 § 3307

Notes of Decisions
Cited in 12 cases, 1956–2014 · leading case: 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).
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 40× “Christian County brings three points for our review: (1) that the Commission erred in dismissing OBC as a party because section 287.130 1 mandates joint and several liability between joint employers and Rule 57.”
Leach v. Bd. of Police Commissioners of Kansas City, 118 S.W.3d 646 (Mo. Ct. App. 2003). · cites it 14× “2d at 155-56 (interpreting statutory predecessor to § 287.130, RSMo, and allowing insurer to seek contribution from jointly liable employers); Hill v.”
Martin v. Mid-Am. Farm Lines, Inc., 769 S.W.2d 105 (Mo. 1989). · cites it 6× “quipment during the term hereof; and LESSOR is responsible for the payment of all tolls, ferries, loading and unloading of the vehicle if applicable, drivers wage or salaries, all payroll deductions, including unemployment compensation, social security and withholding taxes due…”
Thompson v. Missouri Vets.' Home, 58 S.W.3d 657 (Mo. Ct. App. 2001). · cites it 9× “Prior to that time, except for section 287.130, RSMo 1986, relating to an employee in the joint service of two or more employers, “Chapter 287 made no special provisions for employees who had multiple or concurrent employers.”
Patton v. Patton, 308 S.W.2d 739 (Mo. 1958). · cites it 3× “Each cites § 287.130; Wigger v. Consumers Cooperative Ass’n, Mo.”
Hill v. 24th Jud. Circuit, 765 S.W.2d 329 (Mo. Ct. App. 1989). · cites it 2× “If the counties are the joint employers of claimant, the counties, or their insurance companies if they are insured, would be jointly and severally liable to claimant with the right of contribution from each other in regard to their several liability pursuant to § 287.130, RSMo…”
Zasslow v. Serv. Blue Print Co., 288 S.W.2d 377 (Mo. Ct. App. 1956). · cites it 3× “Appellant cites statutes and decisions ruling that where an employee is working concurrently for several different employers at the time of his injury his total wages from all of them are to be considered as the basis for computing his compensation.”
Glazebrook v. Hazelwood Sch. Dist., 498 S.W.2d 823 (Mo. Ct. App. 1973). · cites it 2× “” From a reading of the section and the references just quoted, we cannot read into subsection (1) a meaning that it refers to earnings from concurrent multiple employers unless they be joint employers (Section 287.130). Subsection (1) refers only to the earnings received from…”
Hartford Accident & Indem. Co. v. Travelers Ins. Co., 525 S.W.2d 612 (Mo. Ct. App. 1975). · cites it 3× “” Contribution is well recognized in Missouri, both under the Workmen’s Compensation Statute, § 287.130 RSMo 1969, V.A.M.S., and as a rule of law.”
Bradshaw v. Richardson Trucks, Inc., 467 S.W.2d 945 (Mo. 1971). “§ 287.130. If this be true, it should no longer be given such effect.”
Stone ex rel. Stone v. Heisten, 777 S.W.2d 664 (Mo. Ct. App. 1989). “§ 287.130. “Courts are showing an increasing tendency .”
Swager v. Monkem Co., 460 S.W.2d 291 (Mo. Ct. App. 1970). “1 On this appeal, Monkem and its insurer contend (a) that Sunflower and its insurer should have been held solely liable for the award,' or' (b) that Monkem and Sunflower and their respective insurers should have been held jointly liable under that section of the Act, § 287.130,…”
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