Legal Question in Workers Comp in Missouri

Employer filed fmla instead of work comp

Was off work for a month on fmla do to sudden death of my father (post traumatic stress disorder),when I returned to work,I injured my back, told my supervisor, but was not offered med. treatment.Place I worked has bad habit of letting people go for work related injuries.I ended up in the ER a couple days later, (couldn't walk) had to use my own insurance to pay.After pain shot, I tried to work for about a month,finally went to an orthopedic DR, I told my HR rep. what doc. said. Was told that she felt I needed to take more time off work to get nerves and back checked out.HR rep. filed under FMLA not work comp.I found out recently that it should have been filed under W/C I ended up having surgery ( double fusion l 2-3,3-4 4-5 & S1) pins, rods, & screws too. Since employer wouldn't file W/C claim, I did.Employer then told me that because my FMLA had ran out while I was sill under doc. care, that they had to take me out of the system and I no longer had a job. W/C sent me an injury # and a pre-hearing has been scheduled. Can I legally go back on my employer and make them reimburse my private insurance co. for all payments made? I also need more med treatment, should work comp be responsible for furture treatment?


Asked on 12/12/06, 7:44 am

1 Answer from Attorneys
Rian Ankerholz Ankerholz and Smith

Re: Employer filed fmla instead of work comp

Your situation is quite complicated because so many things have been done incorrectly so far. If the back injury was work-related, you should be able to get medical treatment through the workers' compensation insurance carrier. However, it may require a hearing to correct the situation. You may also have a wrongful termination claim, but the facts presented are not clear enough to make a determination. You should not delay on either claim. Otherwise, Statutes of Limitation may bar the claims forever.

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Answered on 12/12/06, 4:22 pm


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