Legal Question in Workers Comp in Missouri

Terminated while on Limited duty for an on-the-job injury

Sustained an on the job back injury and was taken by ambulance to ER. Workmans compensation claim was never filed. I also have an extremely active case of fibromyalgia. I went to a rehabilitation hospital because of complications from the medication i was on from the back injury. I took a week of medical leave of absence, unpaid, to go to the hospital. The day i returned to work, still on limited duty, i was terminated. At the same time i was offered a position with no explanation as to what it was at a different rate of pay. I was told that I was terminated because i wasn't doing my job. I was still putting in 40 hours a week while i was on limited duty. My boss told me to not report the injury so as not to involve workmans comp and that i could work as I was able to. He also sent me a card only 3 months prior to my termination, telling me what a loyal and dedicated employee i was and how lucky the company was to have me and he gave me a nice raise. Do i have any recourse in this matter? My back is still bothering me.


Asked on 4/20/98, 11:52 pm

1 Answer from Attorneys
Bill Barger Law Offices of Bill Barger

back injury, fibromyalgia

I would need more details to be certain but it sounds as if you do have a good workers' comp case against your employer. In fact, your account strongly suggests a Labor Code section 132a action--a separate cause of action for discrimination against injured workers who file workers' comp claims. I would need to kno;w the circumstances of your back injury and get back medical reports on the specifics of the injury to be more positive. Fibromyalgia is a somewhat different sort of beast and I would need a great many more details about it. It is sometimes difficult to establish (l.) the existence of the condition itself, and (2.) proof that it arose during the course of and as a result of your work. If I were you, I wouldn't hesitate to consult with a workers' comp attorney about proceeding in the case.

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Answered on 5/11/98, 12:53 pm


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