Legal Question in Workers Comp in Missouri

I currently work for a veterinary office and have been there for the past 3 years. I have dealt with back and neck pain off and on during that entire time, but in the past 4 months or so it has gotten worse causing me to take prescibed pain medications and seek the advice of a surgeon. Now my employer will not let me work and is refusing to let me back to work until I have the surgery done which isn't even scheduled yet. I am completely capable of performing all job functions with the only limitation being that I do not lift over 20 lbs.

Can they legally do this to me as I have been a full time employee this entire time?

Can I file for unemployment since they will not let me work? I have been without a paycheck for 3 weeks now and will not be able to afford the surgery without any money.

Asked on 7/01/13, 12:31 pm

2 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation
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Hi. I am a Missouri workers' compensation attorney that also handles employer-employee issues as part of my practice. Depending upon the factors that caused, or even contributed to the worsening of your neck and back issues, your employer's insurance company may be responsible for paying for the cost of the surgery. This is provided for under the Missouri workers' compensation law. Additionally, they also may be responsible for paying you for the time you are missing from work due to them saying you are not capable of working. More detail is needed to determine whether your injury is one that is to be paid for by your employer's insurance.

For convenience, I can be reached via e-mail at mth2000@yahoo.com, or by phone. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 7/06/13, 10:35 pm

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