Under Missouri law, it is illegal for an employer to fire or engage in retaliation against a worker who files a workers' compensation claim. You have the legal right to seek workers' comp benefits that cover the costs of your medical care and partial wage loss for the injuries you sustained at work. Although Missouri is an at-will state, no employer can fire you for filing these claims as it is considered wrongful termination.
Missouri Revised Statute §287.780 grants workers the right to seek benefits for workplace injuries. You cannot be fired for filing a workers' comp claim, although you can be legally terminated for other reasons that do not relate to your claim. Reasons include legitimate layoffs that impact the entire company, engaging in misconduct post-injury, or being unable to perform your job duties after receiving medical treatment.
Many St. Louis workers want to know how to fight a denied workers' comp claim, and in the midst of that find themselves the subject of retaliation. If you are suddenly getting negative reviews on your performance, assigned unfair job duties, or experience hostility, these actions could be the foundation of a lawsuit.
The Bruning Law Firm helps injured Missouri workers understand their rights and options under state workers' compensation law. If you were fired, experienced retaliation, or denied the benefits you deserve, talk to us. Our attorneys also recommend that you read our blog post on how long do I have to appeal a workers' comp denial in Missouri to learn more about the ways we can help you get the full and fair settlement you deserve.
Frequently Asked Questions
Can I be fired while on workers’ comp in Missouri if my job is filled?
Yes, employers are allowed to fill your position to fulfill business needs. They can't just keep your position open indefinitely while you are recovering, and hence, may fill it. However, they are prohibited from firing you because you filed a claim.
What constitutes “wrongful termination” for workers’ comp in Missouri?
Wrongful terminations happen when a claim for Missouri workers' comp benefits was the main factor in the employer's decision. If your performance was never an issue and you were fired immediately after you reported your injury, it could be retaliation. Our attorneys will investigate and look at the evidence to determine if you have a case of wrongful termination.
What should I do if I am fired for filing a workers’ comp claim?
If you were fired for filing a workers' comp claim for your workplace injury, make sure you immediately contact a St. Louis workers' compensation attorney. Make sure you document all interactions with your employer. Additionally, if you're wondering, does a workers' comp denial affect future claims in Missouri, it certainly could be used against you, and to that end, it is always wise to organize copies of your medical records and injury reports to protect your rights.
Contact The Bruning Law Firm
The Bruning Law Firm helps injured workers in Missouri understand their legal rights and options under state workers' compensation laws. Our attorneys charge no fee unless we win, so schedule a free consultation to discuss what happened with a worker's comp attorney in St. Louis by calling (314) 735-8100.