What Happens if You Are Released Back to Work in Missouri Before You Are Ready?

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. 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.

What Happens if You Are Released Back to Work Before You Are Ready?

If the workers’ compensation doctor has released you and declared you to be at maximum medical improvement (MMI), you have important legal protections under Missouri law. Under Missouri Revised Statutes § 287.390, once you receive a permanent disability rating from the employer’s physician, you have 12 months from the date you receive that rating to obtain a competing rating from a physician of your own choosing, typically arranged through an Independent Medical Examination (IME). Under § 287.203, when an employer terminates your temporary disability benefits, they must notify you of the termination and the reason for it, and you have the right to request a hardship hearing with the Division of Workers’ Compensation if you dispute that decision. Additionally, an IME opinion that you have reached MMI is not automatically binding. Under § 287.140, an employer/insurer generally may not unilaterally cease medical treatment based solely on an IME; if the treating physician and the IME doctor disagree regarding MMI, the dispute may be addressed through the Missouri Division of Workers’ Compensation or the Labor and Industrial Relations Commission via a medical dispute, hardship hearing (under § 287.203), or approved settlement, but § 287.140 itself does not explicitly mandate that specific procedure.

However, if you have not reached maximum medical improvement, and you are still in the “healing period,” your failure to show up at work after being released by your treating doctor might be considered an unjustifiable refusal to return to work, and could end up losing you your benefits. Under those circumstances, we recommend that you at least try to return to work and give it a good effort. If you find that you are unable to perform your duties, you should make an appointment to return to your doctor and explain exactly what was hurting you on the job and exactly what made it impossible to perform your job. If the doctor continues to be unsympathetic, we can assist you in getting an IME.

Talk to a Work Comp 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 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 phone, through the contact form, or even with the live chat option listed on our site!