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You are here: Home / Work Comp Blog / What Should I Do if I’m Fired After Filing a Workers’ Compensation Claim?

What Should I Do if I’m Fired After Filing a Workers’ Compensation Claim?

February 17, 2021 by James Hoffmann

If you are injured on the job in Missouri, you may be worried that your employer will fire you for filing a workers’ compensation claim.

Your employer does not have a right to fire you for being injured and filing a workers’ compensation claim. Let’s discuss your rights and what to do if you’re fired after filing your workers’ compensation claim in Missouri. Let’s get started.

fired after filing workers comp

Employer Retaliation

The law is very clear. Legally, you should not be fired for filing a workers’ compensation claim. Employers should not retaliate against you for being injured on the job, and if they do, they can face stiff legal penalties.

So if you’re fired after you file a workers’ compensation claim, and you think your employer is retaliating against you, speak with an experienced Missouri work injury attorney ASAP. You and your lawyer can work together to build your case. 

Employers Can Fire You for Unrelated Reasons After You File a Claim

While firing you for being injured is illegal, employers could let you go for other reasons after filing a claim. For example, they may claim that your job performance was lacking or that you were intoxicated at the time of the accident.

Unfortunately, Missouri is an “at-will” state. This means you can essentially be fired for almost any reason at any time, and it may be hard to prove that you have been fired in retaliation for filing a workers’ compensation case.

This is why it’s important to work with a Missouri workers’ compensation attorney. You can discuss your situation, collect evidence, and build up a case for wrongful termination or retaliation after your workers’ compensation claim.

You May Still Be Eligible for Workers’ Compensation Even If You’ve Been Fired

Even if you’re fired from your job, you may still be eligible for workers’ compensation. If you were employed by a company when the injury happened, that’s all that matters – even if you’re fired the day after you reported your injury, your rights should be protected.

Your employer and their insurance obligation are not released just because you no longer work for the company. So make sure that, if you’re fired after being injured, you work with an experienced work injury attorney in Missouri to get the compensation you deserve.

Fired After Filing a Claim?

At The Law Office Of James M. Hoffmann, we’ve recovered more than $50 million for our clients. If you’ve experienced a work injury and you’ve been fired after filing a workers’ compensation claim, contact us now for a free case review. We can go over the details of your case, help you through the claims process, and pursue a case against your employer if you were wrongfully fired after filing a workers’ compensation claim in Missouri.

Get FREE Legal Advice

Call today to speak with an experienced Missouri workers compensation attorney!

Call (816) 399-3706

Filed Under: Work Comp Blog Tagged With: Workers Compensation Claim

Updated: February 26, 2021

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