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 lawyer. Call Northland Injury Law at 816-400-4878.
Can Your Employer Force You to Use Vacation Time or Sick Leave for Workers’ Comp?
Workers compensation laws in Missouri state that if a worker is injured on the job, or becomes sick because of their work activity, then the insurance carried by the employer must cover their treatment and lost wages.
However, Missouri law also makes no mention of vacation time or sick days. As such, employers are free to offer these as extra benefits for a job and can also decide for themselves how to reinforce these rules.
If you have paid vacation or sick days, it is only because your employer chose to offer you these benefits, and not because the state says they must include them. Because of this, Missouri compensation laws also have no provision of whether the employer is allowed not to impose sick or vacation days be taken at this time.
Why Would an Employer Do This?
If you are injured on the job, Missouri laws say the compensation also must cover any lost wages. However, if an employer makes you take paid vacation or sick days to recover, then we cannot talk about a lost wage anymore.
Because of that, injured workers can use these benefits just to ensure they get the treatment needed for their injuries. When they return to work and need leave, their days off will come out of their salaries.
What Options Are There?
You can avoid this practice by filing a claim for workers' compensation. If the insurance company or the Missouri Department for Workers Compensation grants your claim, then the employer can no longer intervene to make you use your sick or vacation days.
Talk to a Work Comp Lawyer
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!