Legal Question in Employment Law in Missouri

I sustained an on-the-job-injury and after several months of being off work, the work comp doctor released me for a temporary 2 week work trial ( I was a Class A driver delivering material to retailers, when items that was loaded by the warehouse of my employer, and had not been secured struck me suddenly in the head). When I presented the 2 week work release to the employer and informed him with a note from Federal Dept. of Transportation that I would have to be recertified with a DOT exam, he informed me that I had cost them to much money with my injury and terminated me on the spot.

What are my odds in winning a law suit against them for wrongful termination and also a settlement for a safety violation for not complying with Federal Regulations outlined by DOT that all items are to be secured from motion and/or movement.

The warehouse would load the trailers in evening hours after drivers were released from duty, and then the trailer was closed up with bill of ladens left in the drivers seat for the following day. They had no safety rules and had been made aware of items shifting in the past, but was told that we as drivers were not to worry about how the loads were loaded. That our job was to just deliver the loads.

I am wondering to how strong I would have suits again the employer for said suits as wrongful termination and safety violations.

Thanks for a respons


Asked on 1/26/10, 11:43 am

1 Answer from Attorneys
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri attorney that focuses my practice primarily on personal injury, workers' compensation, and employment law issues, and handles claims in most parts of the state.

In addition to your workers' compensation claim, you may well have a separate legitimate personal injury civil case against the company and party responsible for loading the merchandise in the trailers. In a personal injury claim, significantly higher compensation is generally available, because, unlike a workers' compensation claim, you are entitled to additional money for pain and suffering, disruption of daily acitivities, future medical expenses, and all lost wages. A few additional details would be needed to determine the potential for filing a personal injury claim and the approximate value of such a claim. For example, what caused the items to shift? Was there an abrupt stop or swerving, or did the items fall on you just in the course of normal driving?

Furthermore, it is illegal for an employer to terminate you simply in retaliation for sustaining a work injury. This is known as retaliatory discharge and it is an employment law cause of action. Also, there could be potential OSHA safety violations involved here. If an OSHA violation is discovered, it is strong evidence of negligence for the purpose of a potential personal injury claim against the employer. There are different deadlines for the workers' compensation claim, a potential personal injury claim, and a potential retaliatory discharge claim. I would certainly not recommend delaying.

Also, you should continue to receive workers' comp payment checks, even if you have been terminated, if the doctor has not permanently released you yet. I am not certain if this is the case for you or not.

For your convenience, I can be reached via e-mail at [email protected], or phone at (314) 471-5585. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 2/03/10, 2:01 am


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