Can You Be Fired While on Workers’ Comp in Missouri? Here’s What You Need to Know
If you’ve been hurt on the job in Missouri, you might be wondering: Can I lose my job while I’m getting workers’ compensation? It’s one of the most common fears injured workers have, and it’s not just hypothetical.
This article explains what Missouri law actually says, what often happens in practice, and what options you have if you believe your firing wasn’t fair or legal. If you’re dealing with this now, here’s what you need to know.
At a Glance: Workers’ Comp and Termination in Missouri
- You can be fired while on workers’ comp, but not because you filed a claim. Retaliation is illegal under Missouri law (§ 287.780).
- Missouri is an at-will state, which means employers can fire workers for nearly any reason, unless it’s discriminatory or retaliatory.
- Common firing scenarios include: company-wide layoffs (legal), pre-existing performance issues (possibly legal), and retaliation masked as other reasons (illegal).
- Your benefits don’t stop if you’re fired. As long as your claim is valid, the insurer must continue paying for treatment and wage-loss.
- Act fast on deadlines: you have 30 days to report your injury, 2–3 years to file a comp claim, and up to 5 years to sue for retaliation.
- Document everything – medical restrictions, HR emails, light-duty requests, to strengthen your case.
- If retaliation is likely, you may be able to recover back pay, future wages, punitive damages, and legal fees in a separate lawsuit.
- Federal laws like ADA or FMLA may also apply, depending on your medical condition and job protections.
What the Law Says in Missouri
Under Missouri law (Section 287.780), it is illegal for an employer to fire someone for filing or pursuing a workers’ compensation claim. You must show that the claim was a motivating factor in your termination. If successful, you can sue for lost wages, damages, and reinstatement.
Missouri is an at-will employment state. That means your employer can fire you for almost any reason or no reason at all, unless that reason is illegal. One illegal reason? Retaliating against you for filing a workers’ compensation claim.
Under Section 287.780 of Missouri’s workers’ compensation law, it is illegal for an employer to fire or discriminate against you because you exercised your rights under the workers’ comp system. If you can prove that your claim was a motivating factor in the decision to fire you, you may have a valid retaliatory discharge claim.
This does not mean your employer cannot fire you for other legitimate reasons, such as:
- Poor performance
- Department-wide layoffs
- Violating company policy
The key question is why they let you go, and whether that reason holds up under scrutiny.
What Often Happens in Practice
In practice, Missouri workers on comp may be fired in one of three ways:
- Legitimate layoff: Job ends, but benefits continue.
- Pre-existing performance issues: May be legal if documented.
- Retaliation: Illegal if claim activity caused the firing
We see three common situations when someone is fired while on workers’ comp:
1. Legitimate Layoffs
The company shuts down a department or trims staff. These firings may be legal, and your workers’ comp claim stays active. The employer’s insurer still has to cover your medical bills and wage-loss benefits.
2. Documented Performance Issues
Sometimes the employer claims the firing had nothing to do with your injury. They just say your work wasn’t up to standard. If those issues existed before your injury and are well-documented, the termination may hold up. But if the performance excuse shows up after the claim, that is often worth a second look.
3. Retaliation Disguised as Something Else
You report the injury, request treatment, or ask for light duty, and then suddenly you are let go for vague or shifting reasons. This is the kind of case where timing matters, and retaliation becomes a serious legal issue.
Even if you are fired, your medical care and any approved wage-loss benefits must continue. Those are obligations of the insurer, not your employer’s payroll.
Key Deadlines and How to Protect Yourself
To keep your claim strong and your legal options open, timing and documentation are everything.
- 30-Day Notice Rule: You must notify your employer of your injury or diagnosis within 30 days. Verbal notice might count, but written is better.
- Claim Filing Deadline: You generally have 2 years to file a formal Claim for Compensation (or 3 years if your employer did not report the injury to the state).
- Retaliation Lawsuit Deadline: If you want to sue for retaliatory discharge under Missouri law, the window is usually 5 years from the date of firing. That might sound like a long time, but memories fade, documents disappear, and delay makes winning harder.
What helps your case?
- Save all performance reviews and HR emails.
- Keep copies of medical appointments and work restrictions.
- Write down what was said in conversations, especially around the time of your firing.
Document everything. It is one of the best things you can do to protect your claim.
Your Legal Options if You Are Let Go
Even if you have been terminated, you are not out of options. Here is what may still be available to you:
1. Continue Medical Treatment and Benefits
Your approved medical care and wage-loss benefits (like Temporary Total Disability, or TTD) should not be cut off just because you are no longer employed.
2. File a Retaliation Claim
If your employer fired you because you filed or pursued a workers’ comp claim, you may be entitled to:
- Back pay and lost future wages
- Punitive damages
- Attorney’s fees
This is a separate claim outside the workers’ comp system.
3. Explore Additional Federal Protections
Depending on the situation, federal protections under the ADA or FMLA might also apply, especially if your injury limits your ability to work or you were eligible for protected medical leave.
4. Negotiate a Global Settlement
In some cases, workers can negotiate a resolution that settles both the workers’ comp claim and any retaliation lawsuit.
Real-World Perspective – What We See in Missouri Workers Comp Cases
Missouri judges often look at timing and consistency. If you filed a claim and were fired two weeks later with no prior write-ups or complaints, that raises red flags. HR documents, emails, or witness statements that contradict the employer’s story can shift the case in your favor.
Meanwhile, adjusters and insurance attorneys often focus on whether the worker followed restrictions, showed up to appointments, and kept the employer informed. Retaliation cases do not just hinge on employer behavior, they also depend on whether you have done your part.
What Happens to Your Workers’ Comp Benefits If You Quit Your Job?
Quitting your job while receiving workers’ compensation benefits in Missouri won’t automatically cancel your claim, but it can affect certain parts of it.
Under Missouri law, if your injury is job-related and the claim is valid, your right to medical treatment and compensation for permanent disability continues, even if you leave your job. However, you may lose access to temporary wage-replacement benefits if you quit voluntarily while your employer had light-duty or modified work available for you.
The Key Rule: Quitting May End Wage-Replacement Checks
Missouri Revised Statutes § 287.170.5 specifically says that if your employer offers you work that meets your medical restrictions, and you choose to resign anyway, you won’t receive Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits during that time.
That means:
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If you’re still healing and your doctor says you can’t return to regular work, you usually receive TTD.
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But if you quit when suitable light-duty work is available, those checks can stop.
This is why it’s crucial to talk with your doctor and your employer before making any employment decisions.
What Benefits Continue After You Quit?
Not all benefits go away if you leave:
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Medical treatment: Your employer (through their workers’ comp insurer) must still cover authorized medical care to cure and relieve the effects of your injury, per § 287.140 RSMo.
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Permanent disability: If your injury results in lasting impairment, you may still qualify for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) compensation, even if you’re no longer employed.
Bottom Line: Quitting Is a Big Decision
Quitting doesn’t void your workers’ compensation claim, but it can reduce or eliminate wage-replacement payments while you recover. If your employer is accommodating your medical restrictions with light-duty work, walking away from that job can cost you. Before making any decisions, it’s a good idea to:
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Talk to a Missouri workers’ comp attorney
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Ask your doctor about your current restrictions
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Document all communications with your employer
Your choices matter, and they could impact the benefits you worked hard to earn.
Q&A: Common Questions from Injured Workers
Can my employer cancel my workers’ comp benefits if I am fired?
No. Your benefits, including medical care and wage-loss payments, are handled by the insurer and must continue if they were already approved.
Will I keep getting TTD checks after losing my job?
Yes, if your doctor has not released you to return to work, you should continue receiving Temporary Total Disability payments even if you are fired.
Do I have to look for a new job while receiving benefits?
Not under Missouri workers’ comp law. There is no requirement to job hunt while receiving TTD. That said, returning to suitable work (if you are able) may help long-term.
How do I prove I was fired for filing a claim?
The strongest cases involve timing, inconsistent reasons given by the employer, and documentation that contradicts their story. An attorney can use subpoenas and depositions to uncover the truth.
What can I win in a retaliation lawsuit?
If successful, you can recover:
- Lost wages (past and future)
- Punitive damages
- Legal fees
- Possibly even reinstatement
How long do I have to take legal action for retaliation?
You typically have five years under Missouri law. But the sooner you act, the stronger your case will be.
Next Steps if You’ve Been Fired While on Workers’ Comp in Missouri
You can legally be fired while on workers’ compensation in Missouri, but you cannot be fired because you filed a claim. If your injury or medical needs were the real reason for termination, the law is on your side.
Talk to an attorney who knows both workers’ comp and retaliation law. You do not have to figure this out alone
