Disability Discrimination and Worker’s Compensation:
All to often we are asked, can my employer fire me because I was injured on the job? Or Do I have to return an employee to work who does not have a full and complete release?
The answer to these questions generally turns on the facts of each particular case, however, any time an employee is injured on or off the job there are a variety of issues that need to be considered and the Lee’s Summit Employment and Worker’s Compensation lawyers at Kapke & Willerth regularly assist both employers and employees with these issues.
Missouri recognizes a cause of action for worker’s compensation retaliation. According to Missouri law, an employer shall not discriminate in any way against an employee for exercising his or her rights under the worker’s compensation system. This means that employers can be held liable for termination and other forms of discrimination including reduction in pay, reduction in hours, reduction in job responsibilities, limitation on privileges or simply treating employees differently in the workplace as a result of a worker’s compensation claim. Lee’s Summit employment lawyers Kapke & Willerth have handled worker’s compensation retaliation claims and would be happy to discuss your matter in detail.
In addition to worker’s compensation claims, often work related injuries raise questions related to disability discrimination. The ADAAA and corresponding state laws establish that an employee may be disabled if he or she has a mental or physical impair that impacts one or more major life activities. Furthermore, an employer may be required to provide a reasonable accommodation to an employee who is disabled but is still able to perform the essential functions of the job. Employers often take the position that an injured employee must be released with no restrictions before he or she can be returned to work. Taking this position, across the board, is dangerous because the employer is not engaging in the interactive process to determine what functions the employee can perform nor is the employer considering reasonable accommodations. Accordingly, both employers and employees faced with these questions need the assistance of competent lawyers. The Lee’s Summit Employment lawyers and Worker’s compensation lawyers at Kapke & Willerth can help.