I was working doing lawn care and landscaping for a small lawn care company and injured my knee. When I was unable to finish out a day of work the guy fired me and when I went to get my final pay he shorted me 3 hours since I was physically unable to dig 4 holes to plant 4 trees but during that time I did continue to work and do what I physically could do. So my question is one can he legally fire me for an injury that was a result from the work I was doing and can he with hold my pay even though I was still on the job site for the whole time and did continue to do what I could.
1 Answer from Attorneys
Hi. I am a Missouri workers' compensation attorney out of Pacific, Missouri. I handle claims in all parts of the state and also deal with employer-employee issues. I am sorry to hear of your situation.
First, it is generally illegal for an employer to fire you as a result of sustaining and reporting a job injury. You may have a claim for retaliatory discharge. This type of claim exists if you can establish that an employer fired you for no other reason but for sustaining a work injury. You could be entitled to significant compensation if you elect to file a claim for retaliatory discharge and prevail on your claim. To determine the strength of your potential claim, more detail would be needed.
Additionally, if the employer had workers' compensation coverage, and most employers are required by law to carry this type of policy, you are entitled to three things: 1) payment for all of your time missed from work as a result of the injury, 2) payment of all incurred medical bills for treatment, 3) a lump sum settlement, in the event your injury is at least partially a permanent injury.
Also, there are strict time deadlines for pursuing your right to compensation under section 287, the law applying to workers' compensation claims. Additional information would be needed to determine the best strategy for collecting on your claim.
For your convenience, I can be reached via e-mail at [email protected], or by phone at (314) 471-5585.
This answer is for educational purposes only and does not constitute legal advice.
Related Questions & Answers
Can I lose my job for receiving a shoplifting ticket? Asked 8/26/13, 1:35 pm in United States Missouri Labor and Employment Law