Legal Question in Employment Law in Missouri

Hi. I am a Missouri injury attorney that focuses almost exclusively in the areas of workers' compensation and personal injury.

There are circumstances where an employer can terminate you as a result of not being able to perform your required job duties. However, it is also very important to note than an employer cannot terminate you based strictly on the fact that you were injured on the job and the injury was reported to workers' compensation. Termination that is based on the fact that you were injured on the job, in and of itself, is typically grounds for a claim for retaliatory discharge. If the elements for this claim are present, you can be entitled to a substantial amount of monetary damages. Moreover, it is impermissible for an employer to terminate you during time you take off work under FMLA. The law under FMLA requires that an employer guarantee you your position back.

First of all, are you currently under any restrictions from a doctor, or have you been placed on "light duty" by a physician? Did your employer offer you any work that was less strenuous and easier on you, given your injuries? Also, has the employer's insurance company accepted your claim? In other words, are they paying for all of your medical treatment related to your injury? Remember that the insurance company has a business interest in minimizing the amount that they pay you. You are often entitled to a lump sum monetary settlement, in addition to the payment of all your medical bills. However, there are arguments that have to be made to the insurance company in order to make sure that you get the maximum settlement you are entitled to. The settlement that you may be owed is based on many factors, most prominently, the area of the body that has been injured.

I hope this helps a bit. I can be reached, for your convenience, by e-mail at [email protected]. Thanks.

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