Getting hurt at work is painful and stressful enough. When you add a looming fear of losing your job, it can feel completely overwhelming. You might be sitting at home, recovering from your injury, and wondering how you will pay your bills if your boss decides to let you go. This is a very common worry, and you are definitely not alone in feeling this way.
Many hardworking people find themselves in this difficult situation. They want to heal and get back to their normal lives, but they do not know what steps to take or who to trust. Understanding the rules can give you peace of mind and help you protect your family.
This guide will explain the rules about workers’ compensation and job loss in Missouri. We will look at what your employer is allowed to do, what they are forbidden from doing, and how you can protect your rights.
Understanding Workers’ Compensation Law in Missouri
The Missouri Department of Labor states that employers in Missouri are required to carry workers’ compensation insurance, with certain exemptions applying for smaller employers or specific industries. It is designed to protect you if you suffer an injury while doing your job.
- Workers’ compensation covers medical treatment, lost wages, and disability benefits for employees injured on the job.
- Employees must report a workplace injury to their employer within 30 days to ensure eligibility for benefits.
- Employers are prohibited from retaliating against employees who file a workers’ compensation claim.
- The Missouri Division of Workers’ Compensation oversees compliance and handles disputes related to claims and benefits.
You do not have to prove that your boss did something wrong to get these benefits. As long as your injury happened while you were doing your job, you should be covered. It is a system built to keep you from falling into financial ruin because you were hurt while doing your job.
At-Will Employment in Missouri
To understand your job security, you first need to know about a rule called “at-will” employment. Missouri is an at-will employment state. This means that a boss can fire an employee at almost any time, for almost any reason.
They can let you go because the company is losing money, because they do not need your position anymore, or even for no specific reason at all. At the same time, it means you can quit your job at any time without getting into legal trouble.
However, there are very important exceptions to this rule. An employer cannot fire you for an illegal reason. For example, they cannot fire you based on your race, your religion, or your gender. They also cannot fire you simply as a punishment for asking for the workers’ compensation benefits that you deserve.
The Legality of Being Fired While on Workers’ Comp in Missouri
The short answer to whether you can be fired while on workers’ compensation is yes. Because of the at-will employment rule, your employer does have the right to end your job, even if you are currently receiving benefits for an injury.
Reasons You Can Be Fired Even Though You’re on Workers’ Comp
For example, if you violate company policies or do something that would normally result in termination, your employer has the right to fire you, even if you are on workers’ compensation. This could include issues like consistent tardiness, insubordination, or engaging in workplace misconduct.
Workers’ compensation does not protect you from being held accountable for actions unrelated to your injury or compensation claim. The key distinction is that the termination must be based on legitimate business reasons and not in retaliation for filing or receiving workers’ compensation benefits.
Reasons You Can’t Be Fired While On Workers’ Comp
However, the reason behind the firing is what truly matters. Your boss is allowed to fire you for a fair, legal reason. But it is entirely against the law for them to fire you because you filed a workers’ compensation claim.
If your boss fires you just to get back at you for reporting your injury, that is against the law. You have a right to seek help for your workplace injuries, and your employer is not allowed to punish you for using that right.
Your Rights and Protections Under Missouri Law
Missouri law takes your protection very seriously. Under the Revised Statutes of Missouri, Section 287.780, it is strictly illegal for any employer to discharge or discriminate against an employee for exercising their workers’ compensation rights.
The law states that you can take legal action against your boss if your choice to use your workers’ compensation rights was a “motivating factor” in their decision to fire you. This means that if your injury claim played a real role in why you lost your job, the employer broke the law.
If this happens, you have the right to file a lawsuit in civil court. You can ask for money to cover the wages you lost because you were unfairly fired. The law is meant to keep employers honest and ensure that workers are not afraid to report dangerous workplace accidents.
Federal Laws That May Offer Additional Protection
Besides Missouri’s state laws, there are also national laws that might protect your job when you get hurt. Two of the most common ones are the Family and Medical Leave Act and the Americans with Disabilities Act.
The Family and Medical Leave Act allows certain workers to take unpaid time off to heal from a serious health issue without losing their jobs. If your company is large enough and you have worked there long enough, they might be required to hold your job open for you while you recover.
The Americans with Disabilities Act helps workers who have long-term injuries. If your workplace injury leaves you with a permanent physical limit, your boss might be required to give you “reasonable accommodations.” This means they might need to provide you with a special chair, extra breaks, or a slightly different schedule so you can keep doing your work safely.
What to Do if You Believe You Were Wrongfully Terminated
To prove that you were treated unfairly, you need a good paper trail. The more proof you have, the stronger your voice will be.
Keep a safe folder at home with all your important papers. You should save:
- Copies of the accident report you gave your boss.
- Every single note and restriction letter from your doctor.
- Emails or text messages between you and your employer.
- Your past performance reviews show you were doing a good job before the injury.
- Pay stubs showing your normal wages.
If you have a record of everything, it becomes very hard for an employer to invent a fake reason for firing you.
Continuing Missouri Workers’ Comp Benefits After Being Fired
One of the biggest fears people have is that their medical care and wage checks will immediately stop the day they get fired. Thankfully, that is usually not the case.
Your workers’ compensation benefits are paid by an insurance company, not directly out of your boss’s pocket. If your claim was already approved, the insurance company must continue paying for your approved doctor visits, surgeries, and physical therapy.
If your doctor says you still cannot work at all, you should also keep getting your temporary wage-loss checks. However, if your doctor says you can do “light duty” work, and you get fired for a fair reason, those wage checks might stop. It is always best to double-check your exact situation with someone who understands the system.
Missouri Workers’ Compensation Statistics
Workplace injuries happen far more often than many people realize. Knowing the numbers can help you understand that you are part of a larger community of people going through the same struggles.
According to the 2024 Missouri Division of Workers’ Compensation Annual Report, there were 90,815 First Reports of Injury filed in the state. That is tens of thousands of workers who were part of an accident on the job. Out of those reports, there were 12,784 formal Claims for Compensation filed by workers needing extra help.
Sadly, workplace accidents can lead to deaths. The U.S. Bureau of Labor Statistics reported in their 2023 Fatal Work Injuries in Missouri release that 114 workers lost their lives on the job in Missouri.
Missouri Workers’ Comp FAQs
Will my medical bills still be paid if I am fired?
Yes, in most situations. If your injury was caused by your job and the insurance accepted your claim, they must keep paying for the treatments your doctor orders to help you heal. Losing your job does not cancel the insurance company’s duty to pay for your medical care.
Can my boss cancel my workers’ comp claim?
No. Once your claim is filed and in the system, your boss does not have the ability to cancel it. The state of Missouri and the insurance company manage the claim. Your boss cannot simply take your benefits away because they are upset with you.
Do I have to look for a new job right away?
If your doctor has completely taken you off work to heal, you usually do not have to look for a new job right away. You are supposed to rest. However, once your doctor says you are physically able to do some kind of work, it is a good idea to start looking for a job that fits your physical limits.
Contact an Experienced KCMO Workers’ Comp Attorney for Help
Losing your job while you are hurt and vulnerable is an incredibly stressful burden to carry. It feels unfair, and it leaves you worrying about how to care for yourself and your loved ones. Please remember that you have rights, and there are laws specifically written to protect you from being bullied or punished by an employer.
If you are facing this difficult situation, The Law Offices of Peter A. Jouras, Jr. is here to lend a helping hand. We are a small law firm, which means you will have direct, one-on-one contact with your attorney, not just a paralegal or assistant. Peter A. Jouras, Jr. has over 25 years of dedicated experience as a personal injury attorney, carefully guiding everyday people through their toughest times.
If you are ready to file a workers’ compensation claim in Kansas City, Missouri, contact us today for a FREE consultation of your case. You don’t pay us anything up front or out of pocket. We collect a fee if we win your case.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
