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Can I Get Fired for Hiring a Workers’ Compensation Attorney?


Here’s why the benefits of hiring an experienced workers’ compensation attorney far outweigh any potential action your employer may take.

Getting injured while on the job is painful, and it can lead to the arduous task of seeking workers’ compensation. This is certainly a good time for you to discuss the specifics of your case with an experienced Missouri workers’ compensation attorney.

should you hire a workers comp attorney

However, a concern that many people have when it comes to hiring a workers’ compensation attorney is that they may lose their job. Many people feel they risk getting fired for hiring an attorney. While there’s no saying what a company may or may not do, you should make it a point to connect with a reputable St. Louis workers compensation attorney who will be able to guide you on the steps to take should something like this ever happen.

Can You Be Fired for Reaching Out To a Workers’ Compensation Attorney?

It is unlikely that your employer will fire you for reaching out to a workers comp attorney. Most employers know that this would not be a smart thing to do. Additionally, it is important to understand that hiring a lawyer will generally work to your advantage. Here’s why:

  1. Since your employer is aware that you are hiring an attorney about one legal issue, they know that the chances of your lawyer representing you if you are fired is very likely. Most companies prefer to avoid legal proceedings especially since they will be violating the law if they fire you without a valid reason.
  2. Firing you can also backfire against your employer in the worker’s compensation case. Usually, companies can reduce the amount of payout in workers’ compensation claims by letting you get back to work. If they fire you, they lose that opportunity.

According to changes in the Missouri workers’ compensation law in 2005, an employer can stop paying for the employee’s temporary total disability if the employee gets terminated or fired due to reasons that are entirely separate from the workers’ compensation claim. Examples would be not reporting to work for reasons that are unrelated to the injury or committing an offense against the morals and ethics of the company like fraud. 

Does an Employer Need a Good Reason to Fire You?

You need to know that even while you are recuperating, your employer has every right to ask you to report to work and be productive with what is called ‘light duty‘ work that could range from photocopying papers to doing an inventory. 

This is very well within acceptable terms. Still, realistically, there are times when the employer will try to make you quit or create reasons to terminate you without associating it to the workplace injury that you sustained.  

Speak With an Experienced Work Injury Lawyer

Aside from preventing any looming termination, a skilled St. Louis workers’ compensation attorney can ensure that you get all of the benefits you are legally entitled to. Do not assume that your company will do what is right. Technically, your employer has little control over your case and the amount of compensation involved. It’s actually the employer’s insurance company who will try their hardest to minimize your claim and get you back to work as quickly as possible and settle your case as cheaply as possible. 

Updated: March 11, 2022
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