Job Security While On Workers' Compensation

When you’re injured at work, Missouri law offers protections through workers’ compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. But for many workers, the concern goes beyond medical bills—they worry about job security. Many wonder if that can be terminated while on workers' compensation. The answer isn’t always simple.

Workers' Compensation Laws in Missouri

In Missouri, employees who suffer a work-related injury are entitled to file for workers’ compensation, which covers medical treatment, partial lost wages, and, in some cases, disability payments. The Missouri Workers' Compensation Law ensures that employees can receive these benefits regardless of fault, and in return, employees are generally unable to sue their employer for negligence related to the injury. However, while workers’ compensation offers these protections, it doesn’t necessarily shield you from termination. In some cases, employers might still terminate or lay off workers while they’re receiving workers’ compensation benefits.

Can I Be Fired While on Workers’ Compensation?

The short answer is yes—an employer can terminate an employee who is on workers' compensation, but there are limits and conditions attached to that right. Missouri law does not prevent employers from firing an employee who is receiving workers' compensation benefits, but the employer cannot terminate the employee solely because they filed a workers' compensation claim. This is protected under Missouri Revised Statutes Section 287.780, which prohibits employers from discriminating or retaliating against an employee for exercising their rights under workers' compensation laws.

If an employer is found to have terminated an employee out of retaliation for filing a claim, the employee may be able to take legal action for wrongful termination. This could result in damages awarded to the employee, including lost wages and other compensation.

Legitimate Reasons for Termination

Even though an employer cannot fire someone just for filing a workers' compensation claim, there are several reasons that might legally justify termination during or after a workers’ compensation claim.

Some legitimate reasons for termination may include:

• Company layoffs or restructuring: If an employer is reducing their workforce or restructuring the company for business reasons, they may terminate employees, including those receiving workers’ compensation benefits.
• Inability to perform essential job duties: If an injury leaves the employee permanently unable to perform the essential functions of their job, even after recovery or reasonable accommodation, the employer might have the right to terminate employment.
• Misconduct: An employee can be fired for reasons unrelated to the workers’ compensation claim, such as violations of company policies, insubordination, or poor performance. Workers' compensation benefits provide protection from retaliatory firing, but they do not make the employee immune to discipline for unrelated workplace misconduct.

Employer Obligations and Your Rights

Missouri law places obligations on employers to provide workers’ compensation benefits to injured workers, but it doesn’t automatically guarantee job reinstatement. However, if you are able to recover and return to work, your employer may have a duty to offer reasonable accommodations, depending on the nature of your injury and the demands of your role.

Employers are required to make reasonable accommodations under the Americans with Disabilities Act (ADA) if an employee’s injury results in a disability, as long as the accommodation does not create undue hardship for the employer. This means that, in some cases, an employer must modify your duties or workplace environment to help you return to work after your injury.

For employees covered by the Family and Medical Leave Act (FMLA), additional job security may apply. FMLA provides up to 12 weeks of unpaid, job-protected leave for medical reasons, including recovery from a serious health condition. If your injury qualifies, FMLA may provide a layer of protection against termination while you’re recovering. However, not all employers are covered by FMLA, and not all injuries qualify, so it’s important to know your eligibility.

What to Do if You Believe You’ve Been Terminated Unfairly

If you suspect you’ve been terminated because you filed for workers' compensation, you may have grounds for a wrongful termination lawsuit. Missouri workers who believe they were fired in retaliation for filing a claim can take legal action against their employer under state law. Successful claims often involve proving that the workers’ compensation claim was the reason for the termination, which can sometimes be difficult but not impossible.

Gathering evidence, such as written statements from supervisors or documentation showing a connection between the timing of your claim and your termination, can support your case. A personal injury or employment lawyer with experience in Missouri workers' compensation law can help determine if you have a case and guide you through the legal process.

Protecting Your Rights After a Work Injury

Suffering an injury at work is stressful enough without the added fear of losing your job. Missouri law offers protections, but understanding those rights and knowing how to defend them can be overwhelming. If you’re facing concerns about your job security while on workers’ compensation, it’s essential to have experienced legal representation by your side to ensure your employer treats you fairly and lawfully.

At Harper, Evans, Hilbrenner & Netemeyer, our team is dedicated to protecting the rights of injured workers. If you've been wrongfully terminated or are facing challenges during your recovery, we’re here to help. Contact us today to discuss your case and take the first step toward securing your future.