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.
Can You Be Fired While on Worker’s Comp?
Legally, no employer is allowed to fire an injured worker or they can face a lawsuit 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.
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 a claim. The employer can contend that the injury is not work-related and occurred due to worker’s purposeful negligence or it occurred outside of the workplace.
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 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!