Write Up:

 Keeping employees and the public safe is MoDOT’s highest value.  Controlling damage to vehicles and reducing personal injury in work zones, on right-of-way and other areas under department control helps MoDOT accomplish this goal. Compared to 2018, there was a 51% increase in the number of claims in 2019. The majority of the claims for 2019 were attributed to pavement defects. During the same timeframe, there was a 73% decrease in the amount paid.

For the fourth quarter of 2019, payments were made on 97 claims against the department, totaling $541,483. One claim accounted for over half of the fourth quarter’s payments. The claim occurred in 2016 when an incarcerated crew member was injured while mowing.  This claim was arbitrated and $300,000 was awarded based on alleged lack of training. 

To achieve the general liability claim’s target, the focus needs to be on MoDOT’s most common claims. MoDOT’s top five claim types are pavement defects, debris on the roadway, chip seal, striping and mowing operations.

Purpose of the Measure:

This measure tracks the number of general liability claims and the amount paid.

Measurement and Data Collection:

General liability claims arise from allegations of injuries/damages caused by the dangerous condition on MoDOT property and the injury/damage that directly resulted from the dangerous condition. In addition, an employee must be negligent and create the dangerous condition or MoDOT must have actual or constructive notice of the dangerous condition in sufficient time prior to the injury/damage to have taken measures to protect the public against the dangerous condition. Claims data is collected from Riskmaster, the department’s risk management claims administration software.

The target for this measure is updated annually. This target is calculated by determining a 5-year average and subtracting 10%.  (Exceptionally high or low years are excluded from the five-year average calculation to determine a practical target.)