It is illegal for an employer to retaliate against any employee for making a claim for workers’ compensation benefits.
In the state of Missouri, companies and employers are required to carry workmens compensation insurance coverage. This is a type of insurance that is used to ensure that if a worker is injured while working, they are fairly compensated for their injuries.
Often, employees may be afraid to tell their employers when they are injured on the job. The fear of retaliation keeps many employees from telling their employer, therefore paying for their injuries on their own and having no recourse to have their medical bills paid. If you are an employee and you were injured while were working, then you do not have to fear reprisal from filing a claim. It is illegal for an employer to retaliate against any employee for making a claim for workers’ compensation benefits.
Workers’ compensation eligibility is not based on negligence. That means that you can be completely responsible for your injuries and can still file a claim for benefits. If you collect workers’ compensation, then you are not entitled to collect non-economic damages. Non-economic damages are things like loss of consortium, pain and suffering, and emotional distress. Workers’ compensation is strictly for benefits that are meant to compensate you for your medical bills and any lost wages you suffered while you were at work.
What if you suspect that your employer has fired you due to your claim?
Although it is illegal for an employer to fire someone based solely on their workers’ compensation claim, it is possible for them to let their employees go for other reasons that might be retaliatory or related to the claim. If you believe that you have been fired solely for making a claim in Missouri, then it is imperative that you consult a St. Louis workers’ compensation lawyer to plead your case and to either be compensated for your losses or initiating a suit against your employer.
It is possible for them to fire you do not return to work after you are released from medical care. Workers’ compensation coverage requires that you be evaluated by a physician, with the intention that you will return to your position as soon as possible. Even if you have only partially recovered, if a doctor feels that you can return to your job in a diminished or modified way and you refuse to return, then it is possible not only for your benefits to cease but also for you to be fired.
Although it is not legal for your employer to fire you for filing a claim for workers’ compensation, if you don’t comply with the conditions of the workers’ compensation eligibility, then it is possible for them to fire you. To figure out whether your Missouri job termination was legal or not, consult a St. Louis workers’ compensation attorney to sort through the facts and determine whether your dismissal was legal or not.
St. Louis Work Accident Lawyer
Please contact us for a free consultation about your work injury case. We can help you get the workers compensation benefits you deserve. There are no upfront fees and we only get paid if you recover. We can analyze your case to determine if you can also file a personal injury claim. Call us today at (314) 361-4300 or fill out our online contact form.