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  1. #1
    Join Date
    Nov 2010
    Posts
    9

    Default Can Employer Fire Me While on WC

    One WC doctor said I needed surgery on my back. WC sent me to another doctor who said I was good to back to work with a 20# weight restriction.

    Can my employer fire me to prevent future wage benifits should it turn out surgery is required and I miss more time at work?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can Employer Fire Me While on WC

    Can my employer fire me to prevent future wage benifits should it turn out surgery is required and I miss more time at work?
    That is two seperate issues.
    Your ER terminating you has nothing to do with the payment of wage loss/TTD.
    Can my employer fire me
    Yes you can be terminated from your job while on a comp leave.
    to prevent future wage benifits
    No, you can't be terminated due to the injury. The burden of proof is on you however. The ER doesn't have to prove they didn't fire you due to the injury.

  3. #3
    Join Date
    Nov 2010
    Posts
    9

    Default Re: Can Employer Fire Me While on WC

    What I hear you saying is that if employer fires me but future medical treatment is necessary which keeps my from working anywhere they will still pay TTD?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can Employer Fire Me While on WC

    You are confusing it again...
    Your comp claim remains open even if you are terminated. You continue to receive and have access to medical care.

    It's difficult to answer a question that contains an "either/or"... No, you will not be paid TTD because you can't work anywhere.

    When you are injured at work, the ER is liable for wage loss, medical care, and indemnity if there is residual permenant disability or impairment due to the injury. There may be other benefits as well. But not TTD for life, unless... at MMI your Dr's determine you are 100% disabled under the WC definition. Even then, benefits could be limited by statute.
    At MMI/Max Medical Improvement your TTD will change to PPD payments.

    Probably help if you'd spend some time here http://www.labor.mo.gov/DWC/about.asp, make yourself familiar with the MO WC rules/system and what benefits are available.
    Info on PPD/Permanent Partial Disability Indemnity is here http://www.moga.mo.gov/statutes/C200-299/2870000190.HTM

  5. #5
    Join Date
    Nov 2010
    Posts
    9

    Default Re: Can Employer Fire Me While on WC

    I wasn't clear...........

    I'm only concerned with temporary TTD while undergoing treatment (surgery) even if I get fired.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can Employer Fire Me While on WC

    TTD is paid until your Dr determines your condition is stable. MMI has been reached. At that point, you'd be rated for PD/WPI and any indemnity due would begin.

    The claim remains open until the indemnity is paid out, but medical is still available until you cash that out by lump sum agreement or a statutory cap has been reached.
    Benefits to be paid, when--reduction of benefits, when.
    287.149. 1. Temporary total disability or temporary partial disability benefits shall be paid throughout the rehabilitative process.

    2. The permanency of the employee's disability under sections 287.170 to 287.200 shall not be established, determined or adjudicated while the employee is participating in rehabilitation services.

    3. Refusal of the employee to accept rehabilitation services or submit to a vocational rehabilitation assessment as deemed necessary by the employer shall result in a fifty percent reduction in all disability payments to an employee, including temporary partial disability benefits paid pursuant to section 287.180, for each week of the period of refusal.

    http://www.moga.mo.gov/statutes/C200-299/2870000149.HTM
    The benefits you are eligible for are not based on continued employment.
    If you are eligible for benefits under FMLA, you should request those now. FMLA provides up to 12 weeks/annum job protection as well as ER paid benefits continuation. Without FMLA, there are no job protections by filing a WC claim.

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