Can You Be Fired While on Worker’s Comp in Missouri?

Understand how workers’ compensation works in the state of Missouri.

With some minor exceptions, Missouri workers’ compensation law provides coverage for all workers injured on the job while working within Missouri. However, some workers may be fearful of requesting workers’ compensation as they wonder, “Can you be fired while on workers’ comp in Missouri?”

The Workers’ Compensation Division of the Missouri Department of Labor and Industrial Relations administers Missouri workers’ compensation law. The most important thing you can do is talk to a Workers’ Compensation attorney call Northland Injury Law at 816-400-4878.

Can You Be Fired While on Worker’s Comp?

Legally, no employer is allowed to fire an injured worker and they can face a legal claim for retaliation. Typically, the employer will put the injured worker on light duty to accommodate the injury if possible. In some cases, the injured worker may be placed on permanent leave from a job due to a long-term injury. In such cases, it is generally acceptable if the employer hires someone else to fill the position.

If an employer fires an injured worker while they are out of work on workers compensation, they are required by law to prove that the worker was fired due to misconduct and it had nothing to do with the workplace injury. The employer must also prove that other workers could also be fired for the same misconduct and the termination is not due to restrictions placed on the injured worker.

When Injuries Appear After Termination

It may also happen that the workplace injury surfaces only after the employee has been fired. In this case, the worker may still be eligible for workers’ compensation benefits despite the fact that they are no longer employed. However, it can be very challenging to get workers compensation after you have been terminated.

It is therefore extremely important that the worker maintains a good record of all the injuries to support their claim. The worker must prove that they have an injury or disability and that the injury occurred at work, and while working within the scope of their job responsibilities.

Such claims are quite obviously very complicated and hard to prove because employers have various grounds to deny workers’ compensation claims after a worker’s termination. The claim becomes particularly complicated if a lot of time has passed between the termination and the claim. The employer can contend that the injury is not work-related and occurred due to the worker’s purposeful negligence or that it occurred outside of the workplace.

What to Do If You Believe You’ve Been Fired for Filing a Workers’ Compensation Claim

Any suspicion that your termination resulted from filing a workers’ compensation claim requires you to act promptly to defend your legal rights. Missouri statutes prevent employers from punishing employees who file workers’ compensation claims. Should you think your discharge relates to your injury or workers’ compensation claim, you need to follow these steps:

• Document the incident. The initial step in building your retaliation claim is to compile and arrange all supporting evidence. The documentation that supports your case should consist of emails, text messages, written communication, and performance reviews that demonstrate your satisfactory work performance before sustaining the injury.Write down the specific date when you were terminated, along with the explanation your employer provided for ending your employment.
• Go over your company’s policies. Study your employer’s workers’ compensation rules and termination policies to understand your rights and protections. Company rules can sometimes provide protection to employees or specify grievance procedure steps.
• File a complaint. Filing a complaint with the Missouri Division of Employment Security (MDES) is the appropriate course of action if you believe you are experiencing retaliation. They can examine potential legal breaches involving wrongful termination or discrimination against workers who file workers’ compensation claims.
• Seek legal advice. Seek legal guidance if you think your termination occurred because of filing a workers’ compensation claim. The legal team at Northland Injury Law in Missouri can assist you in evaluating your legal situation and guide you through pursuing claims related to retaliation and wrongful termination. If required, they can help negotiate a settlement or initiate court proceedings.
• File your workers’ compensation claim. Being terminated does not eliminate your eligibility for benefits, but it may create additional challenges for you. An attorney can guide you through these complexities to make certain that your claim is filed properly.

Employer Responsibilities and Workplace Safety

Missouri private industry employers reported 52,000 nonfatal workplace injuries and illnesses while experiencing a total recordable case incidence rate of 2.6 per 100 full-time equivalent workers. A total of 28,300 cases required days off work or involved job transfer or restrictions at a rate of 1.4 per 100 full-time workers. The data shows that illnesses comprised 3,900 cases, which made up 7.5% of all reported incidents.

State and federal regulations require Missouri employers to maintain safe working conditions for their employees. The Missouri Safe Workplace Act demands that employers implement necessary measures to protect workers from excessive injury risks in the workplace. Employers need to keep equipment in good condition while training workers properly and follow OSHA safety standards.

Kansas City businesses must fulfill safety obligations to protect their employees. Businesses can access safety program resources from the Kansas City Health Department, which covers hazardous material handling procedures and machinery maintenance, along with building structural integrity protocols. Employees maintain the right to report unsafe workplace conditions with assurance against any retaliatory action.

Talk to an Attorney

A Missouri attorney experienced in workers’ compensation can be an invaluable asset to your case, especially if you were seriously injured and cannot go back to work. You should strongly consider talking to a worker’s comp attorney if you need to appeal a denial of your claim and/or if your injuries are severe or complex.

For a more comprehensive list of all the questions you might have about workers’ compensation, and for a free consultation, please call (816)-400-4878. If you have further questions about your case, do not hesitate to reach out to us by the phone number, through the contact form, or even with the live chat option listed on our site!