Can My Employer Refuse to Let Me Return to Work?

Can My Employer Legally Refuse to Let Me Return to Work?

Under Missouri workers’ compensation laws, employers cannot refuse your return to work if:

• An authorized treating physician medically clears you, and
• You can perform your job with or without reasonable accommodations.

However, employers can refuse under these circumstances:

• You have medical restrictions, and no suitable modified or light-duty work is available.
• Your job position has been eliminated due to company downsizing.
• Returning to work could endanger your health or safety. (Missouri Division of Workers’ Compensation)

If You’re Cleared for Light-Duty Work – What Happens?

If your doctor clears you for light-duty work, your employer should offer a position that meets your restrictions. You may continue receiving workers’ comp benefits if they refuse to provide suitable work.

• If you refuse light-duty work that matches your restrictions, your Temporary Total Disability (TTD) benefits may be terminated.
• If the employer cannot offer light-duty work, TTD benefits continue until you reach Maximum Medical Improvement (MMI). (Missouri Workers’ Compensation Law – RSMo 287.149)

Common Reasons Employers Deny Return to Work (and How to Respond)

Here are some common tactics employers use to deny a return to work and your rights under Missouri law:

• “Your Position Is No Longer Available”
  • Employers are not required to hold your exact job open during recovery. However, firing or refusing to rehire you because you filed a workers’ comp claim is illegal under Missouri’s anti-retaliation laws (RSMo 287.780). (Missouri Revised Statutes Section 287.780)

• “We Have No Suitable Light-Duty Positions”
  • If no light-duty positions are genuinely available, your TTD benefits should continue.
  • If the employer is lying or making excuses, consult an attorney immediately. (Missouri Division of Workers’ Compensation)

• “You Are Not Ready to Return” Despite Doctor Clearance
  • Your employer cannot override your authorized physician’s opinion. If they do, seek a legal opinion to file a formal complaint or pursue further action. (Missouri Department of Labor – Workers’ Compensation Rights)

Missouri Workers’ Compensation Law on Employer Retaliation

Missouri law protects employees from retaliation under RSMo 287.780. Retaliation includes:

• Firing or demoting you for filing a workers’ compensation claim.
• Refusing to accommodate your return without legitimate reasons.
• Harassing or discriminating against you because you sought benefits.

If retaliation occurs, you may be entitled to file a separate civil lawsuit for damages. (Missouri Revised Statutes Section 287.780)

Can You Be Fired While on Workers’ Comp in Missouri?

Yes, but not because you filed a workers’ compensation claim. Employers can fire you for other legitimate business reasons, such as:

• Company-wide layoffs or restructuring.
• Performance issues are unrelated to your injury.

However, suppose your termination directly results from filing a workers’ comp claim. In that case, it is considered retaliation, and you may be entitled to additional compensation through a wrongful termination lawsuit. (Missouri Labor and Industrial Relations Commission)

What Benefits Can You Receive If Your Return to Work Is Refused?

• Temporary Total Disability (TTD): Paid if you cannot work entirely.
• Temporary Partial Disability (TPD): Paid if you can work reduced hours or duties.
• Permanent Partial Disability (PPD): Paid for lasting impairments after reaching MMI.
• Permanent Total Disability (PTD): Paid if you can never return to any work.

(Missouri Workers’ Compensation Law – RSMo Chapter 287)

Frequently Asked Questions (FAQs)

Know Your Rights – We Can Help You Fight Back

Missouri workers’ compensation laws are designed to protect your rights after an injury. If your employer refuses to let you return to work without a valid reason, it’s time to stand up for yourself.