Legal Question in Workers Comp in Missouri
I have been on restricted duty for a year and a half, due to a work comp injury. Does my employer have the legal right to lay me off?
1 Answer from Attorneys
Hi. I am a Missouri attorney that focuses almost exclusively on workers' compensation and personal injury claims, and handles cases in most parts of the state. What type of restrictions did you have? I am assuming that you had limitations on the amount of weight you could lift and such. Furthermore, was there any change in your restrictions at the time that you were laid off? Did they accomodate your restrictions for a year and a half and then decide to lay you off? Also, what reason did they give for laying you off? Answers to these questions would be needed to make an accurate assessment of whether there is a potential claim against your employer, and whether they had the legal right to lay you off. Additionally, do you currently have an attorney? In Missouri, a potential claim, known as "retaliatory discharge" exists in certain situations, when it is established that an employer terminated or laid a person off, due to a work injury. A few additional details are needed. For your convenience, I can be reached via e-mail at [email protected]. Thank you.
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