The moment you get hurt at work, a hundred worries can flood your mind. You’re in pain, you’re thinking about medical bills, and you’re wondering how you’ll provide for your family. The last thing you should have to worry about is whether the job you rely on is suddenly at risk. If you’ve been injured on the job in Missouri, you might be asking a terrifying question: “Can my employer fire me just for getting hurt and using my workers’ comp benefits?”
Rest assured that your employer cannot fire you for filing a workers’ comp claim. Missouri law has made it easier for injured workers to protect their rights and jobs.
At DM Injury Law, we understand the stress and uncertainty that follow a workplace injury. If you are concerned about your job security after a work injury, we are here to help. Call (816) 888-7500 or contact us through our online form today for a free, confidential consultation to discuss your situation.
Key Takeaways for Fired While on Workers’ Comp in Missouri
- It is illegal in Missouri for an employer to terminate an employee in retaliation for filing a workers’ compensation claim.
- Missouri is an “at-will” employment state, meaning an employer can terminate an employee for almost any reason, but not for illegal ones like retaliation.
- The Missouri Supreme Court case Templemire v. W & M Welding, Inc. significantly changed the standard for proving retaliation.
- Under the new standard, an employee only needs to show their workers’ compensation claim was a “contributing factor” in the decision to fire them, not the sole reason.
- Documenting the timeline of events, conversations with supervisors, and performance history is critical in a potential retaliation case.
- An employee who proves wrongful termination may be able to recover damages like lost wages, emotional distress, and punitive damages.
Workers’ Comp and At-Will Employment in Missouri
To understand why you can’t be fired for filing a workers’ comp claim, we first need to look at two important legal ideas: “at-will employment” and “wrongful termination.”
In Missouri, employment is generally considered “at-will.” This means that, in most cases, an employer can fire an employee for any reason—or no reason at all—as long as the reason isn’t illegal. They don’t need to prove you did a bad job or violated a company policy. They can let you go simply because they are restructuring or feel you aren’t the right fit. Likewise, you can quit your job at any time for any reason.
However, there are major exceptions to this rule. An employer cannot fire you for reasons that violate public policy or discriminate against you. One of the most important protections for injured workers falls under this exception. According to Missouri Revised Statute § 287.780, it is unlawful for an employer to “discharge or in any way discriminate against any employee for exercising any of his or her rights” under the Workers’ Compensation Law.
This means that being fired while on workers’ comp in Missouri, specifically because you filed a claim, is illegal. The challenge for many years, however, was proving that the claim was the reason you were fired. A landmark court case changed everything for injured workers across the state.
The Game-Changer: The Templemire v. W & M Welding, Inc. Decision
For a long time, it was incredibly difficult for an injured worker in Missouri to win a retaliation case. The courts required the employee to prove that their workers’ compensation claim was the exclusive cause for their termination.
Think about how hard that is. An employer could simply invent another reason—any other reason—for firing someone, and the case would be dismissed. They could point to a minor policy violation from months ago or claim vague “performance issues” that suddenly appeared after the injury. As long as they had one other plausible excuse, the injured worker often had no recourse.
This created an unfair situation where employers could effectively punish employees for getting hurt and using the benefits the law provides. But in 2014, the Missouri Supreme Court’s decision in Templemire v. W & M Welding, Inc. leveled the playing field.
The court recognized that the “exclusive cause” standard was nearly impossible to meet and did not align with the purpose of the law, which is to protect employees. The court established a new, fairer standard: the ”contributing factor” test. This was a monumental shift that continues to impact employer retaliation and workers’ comp cases today. The Templemire case impact cannot be overstated—it gave real power back to injured employees.
What Does “Contributing Factor” Actually Mean for You?
The “contributing factor” test is a much more realistic and just standard. Under this rule, you no longer have to prove that your workers’ comp claim was the only reason you were fired. Instead, you only need to show that your claim was a factor that contributed to the decision.
Imagine your employer has a list of pros and cons about whether to keep you as an employee. If your workers’ compensation claim is on the “cons” list and played a part in the final decision to let you go, that could be enough to prove retaliation.
Here are some scenarios where a workers’ comp claim might be considered a contributing factor:
- Suspicious Timing: You are fired very shortly after you report your injury or file your claim, despite having a good work record.
- Shifting Explanations: Your employer gives you one reason for your termination, but then provides a different reason later on.
- Sudden Negative Reviews: You have a history of positive performance reviews, but after your injury, you suddenly start receiving negative feedback or are written up for minor issues.
- Hostile Comments: A manager or supervisor makes negative comments about your injury, your time off, or the cost of your workers’ comp claim.
- Disparate Treatment: Other employees who have committed similar “infractions” were not fired, but you were after filing your claim.
This new standard makes it much more difficult for an employer to hide behind a fabricated reason for firing you. If the evidence suggests your claim was part of their motivation, you may have a strong case for wrongful termination.
How Do You Prove Employer Retaliation for a Workers’ Comp Claim?
Even with the more favorable “contributing factor” standard, the responsibility is still on you, the employee, to provide evidence that your termination was retaliatory. Insurance companies and employers will have legal teams working to justify their actions. This is why gathering and preserving evidence is so important.
Your employer is not likely to admit, “We fired you because of your workers’ comp claim.” You and your attorney will need to build a case based on circumstantial evidence that, when viewed together, paints a clear picture of retaliation. Strong evidence is the foundation of any successful employer retaliation workers’ comp claim.
Consider collecting the following types of information:
- A Detailed Timeline: Write down every important date. This includes the date of your injury, the date you reported it, the date you filed your claim, any dates you had conversations with HR or supervisors about the injury, and the date of your termination.
- Communications: Save all emails, text messages, or voicemails related to your injury, your work restrictions, and your termination.
- Performance Records: Gather any copies you have of past performance reviews, awards, or letters of recommendation that show you were a valued employee before the injury.
- Witness Information: Make a list of colleagues who may have overheard negative comments from management or who can speak to your strong work ethic before the accident.
- The Reason You Were Given: Write down the exact reason your employer gave for firing you. The more specific you can be, the better.
Putting together this information can help an attorney evaluate the strength of your case and fight back against the employer’s claims that they had a “legitimate” reason for your termination.
Steps to Take If You Believe You Were Fired Illegally
If you believe you were illegally fired, it’s important to act carefully to protect your rights. Here are a few steps to consider if you suspect you were fired while on workers’ comp in Missouri for retaliatory reasons.
- Do Not Sign Anything Immediately: Sometimes, an employer will offer a severance package in exchange for you signing a document that waives your right to sue them for any reason, including wrongful termination. Do not sign any such agreement without having an attorney review it first.
- Document Everything in Writing: While the events are fresh in your mind, write down everything you can remember about the termination meeting. Who was there? What was said? What reason were you given? Create the timeline mentioned in the previous section.
- Gather Your Personal Records: Collect all your employment-related documents, such as your original offer letter, employee handbook, pay stubs, and performance reviews.
- Contact an Experienced Attorney: A wrongful termination claim is complex and separate from your workers’ compensation benefits claim. You need a legal professional who understands the nuances of Missouri employment law, especially the impact of the Templemire decision. An attorney can help you understand your options and build the strongest possible case.
Taking these deliberate steps can make a significant difference in your ability to hold your employer accountable and secure the compensation you deserve for the injustice you’ve faced.
What Kind of Compensation Is Available in a Wrongful Termination Case?
It’s important to understand that a wrongful termination lawsuit is a separate legal action from your workers’ compensation claim. Your workers’ comp benefits are meant to cover medical bills and a portion of your lost wages while you recover from the physical injury. A retaliation lawsuit addresses the financial and emotional harm caused by being illegally fired.
If your lawsuit is successful, you may be entitled to recover damages, which could include:
- Lost Wages and Benefits (Back Pay): Compensation for the income and benefits (like health insurance) you lost from the time you were fired until the case is resolved.
- Future Lost Wages (Front Pay): If reinstatement to your old job isn’t feasible, you may receive compensation for the wages you are likely to lose in the future while you search for a new job.
- Emotional Distress Damages: Compensation for the anxiety, stress, and mental anguish you suffered as a result of being wrongfully terminated.
- Punitive Damages: In cases where an employer’s conduct was particularly outrageous or malicious, a court may award punitive damages. These are intended not to compensate you for a loss, but to punish the employer and deter them and others from similar illegal behavior in the future.
This compensation can provide a critical financial lifeline for you and your family, allowing you to focus on your recovery and your future without the crushing weight of a wrongful job loss.
FAQs: Fired While on Workers’ Comp in Missouri
We’ve compiled answers to some frequently asked questions about being fired while on workers’ comp in Missouri.
Can my employer fire me for a different, legitimate reason while I’m on workers’ comp?
Yes. An employer can still fire you for legitimate reasons unrelated to your workers’ comp claim. For example, if the company is conducting mass layoffs that include your position, or if you have a documented history of poor performance or misconduct that began long before your injury, the termination may be legal. However, the employer cannot use these as a pretext, or a fake reason, to hide illegal retaliation.
Is there a time limit to file a retaliation lawsuit in Missouri?
Yes, there is a strict deadline, known as the statute of limitations, for filing a wrongful termination lawsuit. The exact time limit can depend on several factors. It is absolutely critical to speak with an attorney as soon as possible after your termination to ensure you do not miss your window to file a claim.
Can my employer demote me or cut my hours instead of firing me?
Yes, and this can also be considered illegal retaliation. Any adverse employment action, such as a demotion, a significant pay cut, a reduction in hours, or a transfer to a less desirable position, that is motivated by your workers’ comp claim is illegal under Missouri law.
You Don’t Have to Face This Alone
Being injured at work is difficult enough. Losing your job for exercising your legal right to medical care and benefits is an injustice that no one should have to endure. Thanks to the “contributing factor” standard established in Missouri, you have a stronger path to fight back and hold your employer accountable.
At DM Injury Law, our team is dedicated to standing up for the rights of injured workers across Missouri. We know how to investigate suspicious terminations, gather the necessary evidence, and build a compelling case to show that your workers’ comp claim was a factor in your employer’s decision. You don’t have to let a powerful company intimidate you. We work on a contingency fee basis, which means you pay nothing unless we win your case.
If you were fired after a workplace injury, don’t wait to find out about your legal options. Call us today at (816) 888-7500 or fill out our online form to schedule a free, no-obligation consultation.
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.