Legal Question in Workers Comp in Missouri

can they fire me

I was told while incapasitated and filling out a accident report that my employer would let me know in three days if I still worked there. Can they do this?


Asked on 10/15/08, 10:40 am

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: can they fire me

The law is clear that an employer can not fire an employee for exercising the employee's rights under the worker's compensation law. But, you do not tell us if you were actually fired. You also do not tell us how you were incapacitated. If you were injured at work, you should consult with an attorney. Please feel free to call me and I will refer you to one of the very best.

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Answered on 10/20/08, 11:48 pm
Spencer Farris The S.E. Farris Law Firm

Re: can they fire me

Missouri is an At Will state, meaning you can be fired for any reason or no reason, unless you have a contract EXCEPT you can not be discriminated against for certain criteria, including filing a workers' compensation claim. Proving that you were fired because of a work related injury is difficult, but a comment by your employer like that while you filled out an accident report is pretty good evidence. You should contact a personal injury attorney right away, before you get any deeper into the process, to protect your rights.

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Answered on 10/15/08, 10:53 am


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