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Can Employees be Fired While on Workers’ Comp?

Webster & Carlton

Can Employees Be Fired While Out on Workers’ Compensation in Missouri?

Being injured on the job can be a scary and emotional experience for a number of reasons. To be sure, not only may you be worried about the fact that you’ve been injured and are now experiencing pain and disability as a result, but you may also be concerned about your medical bills, lost wages, and the prospect of being fired or retaliated against if you seek benefits via a workers’ compensation claim.

Employer Retaliation Is Illegal

One thing that may prevent some injured workers from filing a claim for workers’ compensation benefits is the fear that if they file for workers’ compensation, they will be fired or otherwise retaliated against (i.e. given a lower wage). However, retaliating against a worker for filing a workers’ compensation claim is illegal. You cannot legally be fired while you are out on workers’ compensation benefits. You could have a case to bring forth a wrongful termination claim against your employer.

Your Right to Workers’ Compensation Benefits Is Protected by Statute

In Missouri, your right to file a claim for workers’ compensation if you are injured while performing a job-related task is protected by Missouri statute, as is your right to do so free from retaliation. While your employer may be able to fire you for something else, they cannot base your termination on your filing of a workers’ compensation claim. If you believe that you have been terminated because of your pursuit of workers’ compensation benefits, you should hire a wrongful termination attorney immediately.

Start the Workers’ Compensation Process Today

At The Law Firm of Webster & Carlton, our experienced workers’ compensation attorneys are passionate about helping injured workers in our state recover the workers’ compensation benefits they deserve. If you have been injured while working and have not notified your employer of your injury or initiated the workers’ compensation process yet because of fears of retaliation, do not wait any longer. If you do not provide your employer notice of your injury within a set amount of time, you can be barred from workers’ compensation benefits.

Our Lawyers Are Here to Support You

We understand that being injured at work can be scary, and that filing a claim and going up against your employer can be intimidating. That being said, the law, and our law firm, are on your side to help you navigate the process and maximize your compensation award. To learn more about filing a claim for workers’ compensation in Missouri, as well as your rights under Missouri law, please call our Joplin and Springfield workers’ compensation attorneys today. Our team has more than 45 years’ worth of experience, and is confident in our ability to help you. We work on a contingency fee basis, so you’ll never pay for our legal services out of pocket.

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