Do not become the victim of workplace retaliation after filing a work injury claim.
Workers’ compensation is the insurance that businesses in Missouri are required to carry to ensure that if one of their employees is injured while on the job, they have the resources to pay for the injured employee.
The tradeoff to workers’ compensation insurance is that an employee is not allowed to file a civil suit for a tort case. That leaves many workers without the right to collect for noneconomic damages like pain and suffering, but it is an excellent way to ensure that a company has the necessary resources to pay for their employee’s injuries.
When you file a workers’ compensation claim, you are guaranteed certain things, like that you will not suffer retaliation for making a claim, and that you can’t be fired for filing. But there are some exceptions on the being fired stipulation. Although you can’t be fired due to making a workers’ compensation claim, there are other ways that employers can find loopholes to let you go. If you are fired after making a workers’ compensation claim, it is imperative that you know your rights and responsibilities.
If You are Fired Due to Retaliation
If you are fired due to retaliation, then that is illegal and you have the right to sue your employer for “wrongful discharge,” which would require you hiring a St. Louis workers’ compensation attorney to get the fair compensation you deserve.
If You are Fired because You Tested Positive for Drugs
If you are fired because you tested positive for drugs, then your employer might have a reason to fire you if they have an anti-drug policy specifically written. If you are injured and it had nothing to do with you failing a drug test, however, it may not have any bearing on your ability to collect workers’ compensation benefits.
If You are Fired Once You Return to Work
If you return to work and you can only perform at a diminished rate and are fired, then your employer must prove that you were fired due to misconduct, not due to limited capacity, in order for it to be legal.
If You Return to Work, You Have to be Very Conscientious
If you return to work and your employer is inclined to retaliation, they might be hyper-vigilant about trying to find an excuse to fire you. Just make sure to document everything and do all that you can to stay in line so that they don’t have grounds.
Injured and Can’t Return to Work, Then You can be Trained for a New Career
If you are injured to the point of not being able to return to work in the same capacity, you are eligible to receive work or career training to find a new and equal career path. If you can’t work in the same way, then you probably will want to find something else, and your employer will need to find someone who can do what you did – but that shouldn’t come at your expense.
Workers Compensation Retaliation
If you feel as if you have been retaliated against due to making a workers’ compensation claim, it is imperative that you consult a St. Louis workers’ compensation attorney to get the coverage you need to make sure you are financially sound and employable.
If you are the victim of workplace retaliation by your employer due to filing a workers compensation claim, call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form.