Repercussions at Work When Filing a Claim or Reporting an Injury
Section 287.780 of the Missouri Workers’ Compensation Law states:
“No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.”
If you think that you have been discharged or discriminated against because you have exercised your workers’ compensation rights, your remedy is to file a civil action (lawsuit) for money damages against your employer in circuit court. Filing a suit in circuit court is a complex legal matter, and you should consult with a lawyer before doing so.
An employee may be terminated from employment based upon the employee's post-injury misconduct. “Post-injury misconduct” does not “include absence from the workplace due to an injury unless the employee is capable of working with restrictions, as certified by a physician.”
Please be aware that Section 287.780 is not an absolute guarantee that you will keep your job. For example, if after you finish your medical treatment you are physically unable to perform your job, your employer is not required to find another job for you.
DISCLAIMER - More Information
The Injured Workers section of the Workers' Compensation portion of this web site is targeted specifically to injured workers and is intended to be a resource throughout the workers' compensation claim process. It is NOT intended to be a substitute for legal representation.
Employers seeking information about the workers' compensation process and their responsibilities regarding workers' compensation should use the Employers section of the Workers' Compensation portion of this web site to find information targeted specifically to them.
Additional information about Missouri Workers' Compensation laws, the Division of Workers Compensation, the Second Injury Fund and more may be found via the Workers' Compensation home page.
Please keep in mind the information specialist cannot act as your legal counsel and cannot give you legal advice. The information specialist can provide you with general information but cannot advise you whether the settlement offer is appropriate for your injury.