According to the Bureau of Labor Statistics, the state of Missouri had 8,102 workers’ compensation claims in the month of June, 2022 alone. Keep in mind, this statistic is during the summer, with fewer risks of slip and fall accidents caused by the fast approaching icy weather.
The most common workplace injuries of 2022 have been caused by slip and fall accidents, overexertion and muscle strains, crashes and explosions, and being struck by another worker, falling object, or piece of equipment.
If you get hurt or sick on the job, the most logical course of action is to inform your supervisor right away and file a workers compensation claim; so why do so many employees avoid filing, even in the face of costly medical bills and lost wages? A lot of people are afraid that if they file a claim, they will lose their jobs.
Thankfully, Missouri law states that it is illegal for an employer to fire an injured employee for making a worker’s comp claim.
What If I’m Fired?
In the state of Missouri, if an employer fires an injured employee while he or she is out of work on worker’s compensation, the employer must be able to prove that there was some sort of misconduct and that the termination had nothing to do with the workplace injury, or any restrictions placed on the injured individual. Misconduct does not include missing work due to the injury. The employer must also be able to prove that other employees could be fired for the same reason.
If you have been fired while on worker’s compensation, contact one of our worker’s comp attorneys for a free consultation. You may be entitled to file a lawsuit, also called a civil action.
Filing a Lawsuit
Aside from wrongful termination, some bosses will purposely make the work environment insufferable in order to bully the employee into quitting- all to avoid paying worker’s comp.
When an employer terminates or discriminates against an injured employee who has filed a worker’s compensation claim, he or she may be liable for retaliation. To file a lawsuit, discuss the situation with an attorney. A lawyer will help you gather the proper evidence, obtain documentation, fill out the correct forms, and get the compensation you deserve.
What If My Injury is Discovered Late?
Insurance companies will generally deny late reports of injuries obtained on the job site, which is why it’s so vital to report all workplace accidents as soon as possible – even if you don’t think you’ve been injured. There are various injuries that can present themselves via symptoms later than expected. Below are just a few examples.
- Concussions can present delayed symptoms including headaches, fatigue, blurred vision, trouble focusing, and other unpleasant sensations that sometimes don’t worsen for weeks.
- Back injuries may begin as mild soreness, but eventually progress to worse pain, and even difficulty breathing.
- Repetitive Stress Injuries (RSI) are known for occurring slowly after months or years of repeated strain. Carpal Tunnel is one of the most common RSIs, especially in terms of workplace injuries.
While work injuries that have not been reported to the employer right away are more difficult to prove, the right workers’ compensation lawyer can still make it happen as long as there are medical records to back you up.
Making a Claim
When a workplace accident occurs, remember to keep a few key things in mind.
- Tell your supervisor immediately. If you don’t report the injury within thirty days, you risk losing the ability to get worker’s compensation.
- For occupational diseases, you must report it to your supervisor within thirty days of being diagnosed.
- You may be entitled to receive temporary total or partial disability benefits as well as medical benefits.
- You have the right to speak with a lawyer.
Our worker’s compensation attorneys are happy to answer any questions you may have. Contact us for your free consultation today, and we’ll help you avoid unnecessary worker’s comp-lications.
