These types of workers compensation claims can be difficult to navigate.
Workers compensations can be tricky for an average worker to navigate. When a worker suffers an injury in the workplace and has to stay off work for a certain period of time, the employer may fill the vacant position to keep things running smoothly. This can make the injured worker feel insecure, because they may wonder what will be awaiting them once they return to work. Some workers are scared that their employer can fire them for being careless and getting injured at work.
If you have suffered a workplace injury, and you were fired before you could file a claim, you may wonder if you can still recover benefits. In this article, we will answer this question.
Know Your Rights
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 job due to a long term injury. In such cases, it is 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 terminated is not due to restrictions place 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 the workers compensation claim after terminated. So, it is 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 job responsibilities.
Such claims are quite obviously very complicated and hard to prove, because employers have various grounds to deny workers compensation claims filed after a worker’s termination. The claim becomes particularly complicated if a lot of time has passed between being terminated 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.
Help from a St. Louis Work Injury Lawyer
If you have been fired from your job, and you have developed an injury that is work related, you should immediately discuss your case with an experienced St. Louis workers compensation lawyer.
For more than 20 years, the Law Office of James M. Hoffmann has been helping injured workers receive their work comp benefits. Call us today at (314) 361-4300 or fill out our online contact form to request a FREE consultation.