Nov 25th, 2020
Have things become tense between you and your employer after your injury?
This is one reason to seek legal counsel right away. There is something in the Statute called “post-injury misconduct.” Essentially, it says misconduct after the injury will render you ineligible for TTD payments. The law says it can’t be applied to time missed from work due to the injury. However, the Statute doesn’t actually saw what DOES constitute post-injury misconduct.
I have seen this used against my clients when something very egregious happens. For example, if the injured worker harasses his boss or threatens the employer or co-workers. I have been surprised to learn that a client has sent nasty texts or voicemails to their former boss. DO NOT DO THIS, obviously.
Of course, most situations are not this clear cut. You could be fired from your job for some other violation of a rule which is not glaringly “misconduct.” However, the employer will try to use this to get out of paying TTD.
This area is so gray, in fact, that it often leads to much litigation. I find the current case law to still be rather ambiguous. So here’s my advice….BE A MODEL EMPLOYEE AFTER YOUR INJURY.
I know this is frustrating, but it’s just another reminder that the Missouri Work Comp Statute is not written in favor of workers.
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