If you suspect your termination was direct retaliation for filing a compensation claim, you should get in touch with a St. Louis work injury lawyer as soon as possible.
A common reason why some Missouri workers don’t file a workers comp claim is the fear of losing their job. As a result, they try to use their own health insurance to take care of their medical needs, and if they need some time off work they will just use up all their vacation days or take unpaid leave until they can come back to work. And when they do, they’re often not 100% recovered.
But workers comp is designed to help injured workers throughout their entire course of treatment. Additionally, your health insurance may not even cover work-related injuries or illnesses, so really your only two options are either covering the costs yourself or filing a workers comp claim.
But can you be fired for it?
What Does the Law Say?
The short answer is no, your employer cannot fire you for filing a workers comp claim. If this is what happened to you, contact a St. Louis workers comp lawyer right now because what your employer did was illegal and you have some legal options.
The only reasons why you may lose your job are:
- Your filing of the claim was fraudulent, and your injury did not result from your work. If you intentionally did so, this is a crime, and you will be prosecuted for it.
- A reason not connected to the workers comp case, such as your boss finding out about a very big mistake you’ve made, which warrants your dismissal.
- If you go back to work, and cannot resume your regular activities, your employer must find you a more suitable temporary position, or modify your workload to accommodate your condition. However, in some cases this is reasonably not possible and, as a result, you may lose your job. Additionally, if you are left with permanent disabilities, then your employer is not obligated to find you suitable employment, so you will likely lose your job.
As you can see, though you cannot get fired because you have filed a workers compensation claim, there are still some scenarios where losing your job is a possibility. In some instances, it’s unfortunately the consequence of your medical condition, and there is little you can do about it. However, if you suspect your termination was direct retaliation for filing a compensation claim, you should get in touch with a St. Louis work injury lawyer as soon as possible.
Do You Have to File a Claim?
Don’t let this misconception prevent you from filing a claim for workers comp. If you suspect your boss will retaliate or have had co-workers going through something similar before, please get in touch with a St. Louis workers comp attorney and discuss your case with them.
Contact a St. Louis workers comp attorney at the Law Office of James M. Hoffmann at (314) 361-4300 or by filling out our online case evaluation form. We are an experienced St. Louis workers’ compensation law firm that can help you make the right choices so that you can receive the best medical care, benefits, and income.