Legal Question in Workers Comp in Missouri

Hi. I am a Missouri attorney that focuses my practice almost exclusively on workers' compensation and personal injury cases.

It is impermissible for an employer to terminate you in retaliation for filing a workers' compensation claim. This is known as "retaliatory discharge" and if it occurs, a civil suit can be filed against an employer, and damages can be obtained. However, there is a difference, and the difference is not always clear, between terminating someone as a result of filing a claim, and letting someone go or replacing them because their injury makes it dangerous or difficult for them to perform their job.

More detail would be needed to determine if you are at a point where your employer could, in fact, outsource your job. How long of a period have you been out of work for? Are you working on light duty, or not at all? Also, does your injury cause restrictions in what work activities you can perform?

There are various benefits that you are entitled to under the Missouri workers' compensation law. Are they paying you the appropriate amount for any time that you are missing from work? You may also be entitled to a lump sum settlement, depending on the type of injury suffered.

My e-mail is [email protected]. Thanks.

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