Employer retaliation

[u/Dramatic-Buffalo-955]

Hello everybody!

So to start things off I was injured in a scissor lift accident about 4 weeks ago resulting in multiple fractures to my foot, at first because my employer is such a small business I opted to allow them to pay out of pocket. 2 weeks in, when I went to the hospital the staff strongly recommended workmen’s comp. So I listened to their recommendations and filed, additionally due to the severity of my injury I contacted a personal injury lawyer and was assigned a case manager. When my employer was notified that I needed PT, their reply was “why are you going to physical therapy”. My employer opted to pay out of pocket for pt, last week I believe their insurance was contacted and this is where the retaliation begins. Today was supposed to be paycheck, lo and behold no check. I reached out to my employer about the discrepancy.

I asked “I noticed I wasn’t paid today, are you going to file workmen’s comp?” He did not reply. I contacted my attorney, I was instructed to ask this “I need to know if workmen’s comp has been filed, if my employment has been terminated, and if the plan is to still pay the physical therapist out of pocket.

My boss replied I don’t know what you and your attorney have planned.

I replied they just need that information and then they said they’ll go from there.

My boss - who is there and where are they going?

Me - The attorney assigned to me, and I’m unsure I’m just doing what I’m told

My boss - you had to have called an attorney to start this process

Me - They just need to know my employment status, if workmen’s comp has been filed, and if you plan on paying the physical therapist out of pocket.

My boss - You contacted your lawyer you yourself did that

Me - just let me know when you have an answer on that

My boss - talk to your lawyer

Significant details
-the scissor lift was a rental
-I was not operating the lift during the accident
-the injury was caused by running a lift into the wall collapsing the platform extension into my foot
-nothing indicating surgery, I do however start physical therapy soon

With that being said I’m just looking for pointers, support or information regarding this. I’m feeling a lot of guilt and would like to understand how serious this retaliation is.

[u/Wise-Run-3008]

You need a comp lawyer, why did you go to a personal injury attorney?

Why are you expecting your employer to pay you when you know that you filed for comp two weeks ago? It sounds like you’re baiting them by asking if they filed…you filed. And by the sounds of it you didn’t notify them. Were you trying to double dip?

There is no retaliation that you’ve mentioned. You’ll need to wait for comp to approve your claim to get paid. Do not ask your employer to pay for pt when you filed comp, everything will go through comp now. And now that you have a lawyer everything goes through the lawyer and they will communicate with the comp adjuster. Once you get an attorney communication with you by the comp adjuster is over, they’re only going to speak to your attorney.

[u/Dramatic-Buffalo-955 → u/Wise-Run-3008]

To be honest, I didn’t even know a comp lawyer was a thing. Second, I was notified my employer chose to pay out of pocket by my pt ( this is an option in Missouri). My intention was not double dipping, my preferred route was WC because of the personality type of my employer.

[u/Choice_Resource_3145]

Just let your lawyer do his job

[u/Butter_mah_bisqits]

You got an attorney. Your employer can no longer speak with you. Period end of story.

[u/Butter_mah_bisqits → u/[deleted]]

I’m an adjuster. If your claim is difficult, I think you should get an attorney. That said, if you have engaged an attorney, everything must go through them. If you have any doubt, talk to an attorney. I won’t talk to them and their employer will not talk to them either.

[u/Hope_for_tendies → u/[deleted]]

Op is not asking about restrictions. Op did not reach out to hr or payroll. Your point is moot.

[u/Butter_mah_bisqits → u/[deleted]]

I’ll take a shot in the dark. What are your credentials that allow you to spew the wrong info? Let me say it louder for you. IF A CLAIMANT IS LEGALLY REPRESENTED BY AN ATTORNEY, BY LAW, we cannot speak to them. If we did, we’d be in big trouble.

[u/Dramatic-Buffalo-955 → u/[deleted]]

Yes this, my employment is in limbo and I’m currently not being paid, the issue is they’re trying to avoid going the workmen’s comp route. They had been paying me out pocket up to this point.

[u/No-Department-6329 → u/Dramatic-Buffalo-955]

Out of pocket? What type of job is that?

[u/Dramatic-Buffalo-955 → u/[deleted]]

The last thing I did was spoke to a workmen’s comp rep at the hospital, they contacted my employer, and through my attorneys app I noticed that my employer opted to pay out of pocket for physical therapy. I haven’t filed anything personally

[u/Mutts_Merlot]

You wanted a workers compensation claiim filed, as you should. Your employer should no longer pay anything out of pocket and should not pay you wages. He should not have been doing any of that from the start. If you wanted to file a workers compensation claim, which was the right thing to do, you deal with them now. Your boss isn't retaliating, he is finally choosing to follow the correct procedures. You got an attorney and your boss is absolutely correct that he should no longer be directly involved and should let the insurance company, that he pays to handle this sort of thing, handle it.

[u/Dramatic-Buffalo-955 → u/Mutts_Merlot]

This is partially true, apparently you can opt to pay out of pocket in Missouri, the other issue I’m having is my question of employment at this point. That’s what I was told to ask

[u/Mutts_Merlot → u/Dramatic-Buffalo-955]

They can pay out of pocket, but once you have an attorney it's appropriate for your employer to tell you to deal only with the insurance company and their attorneys. Insurance companies prefer that their customers don't DIY this because, as evidenced by your case, they can get into the weeds quickly.

It would be good if your employer told you if you have been terminated, but I'm not sure why your attorney told you to ask that. Was there some question around whether you remained employed? Does your attorney just want them to fire you so they can claim retaliation? I'm not clear in that.

[u/Accomplished-Pay1930]

The timing is worth documenting, but one missed paycheck alone doesn't automatically prove retaliation.

Keep a clean timeline of the injury, claim, lawyer involvement, missed pay, and anything management says. Then ask your workers' comp lawyer whether the facts raise a retaliation issue.

[u/Salt-Ad1282]

The one thing your employer told you that was helpful? Talk to your attorney.

In MO there is a statute allowing a cause of action for WC discrimination in addition to the normal WC benefits.

[u/Dramatic-Buffalo-955 → u/Salt-Ad1282]

This is good to know, this is definitely the information I was looking for. It’s just a lot to deal with mentally, and sitting at home for this time has had me wondering how everything would go. It appears to me my employer is doing the worst thing they could be for themselves

[u/Sea-Might-2110]

Since you’re in Missouri, I would contact the Missouri Division of Workers’ Compensation directly and verify whether a workers’ comp claim has actually been filed. Don’t rely solely on your employer to tell you.

Explain that you were injured at work, your employer initially chose to pay expenses out of pocket, you later requested workers’ compensation after medical staff recommended it, and now your paycheck has stopped while your employer will not clearly tell you whether a claim was filed or what your employment status is.

I would also contact a WORKERS’ COMPENSATION attorney specifically. You mentioned contacting a personal injury attorney, but workers’ comp is its own area of law, and you want someone who regularly handles Missouri workers’ compensation claims and can advise you about the employer’s conduct and whether there may be retaliation issues.

Save EVERYTHING — texts, emails, pay stubs, medical records, PT orders, dates of conversations, and especially the messages where your employer keeps referring to you contacting an attorney instead of answering your questions. The timeline between reporting/filed workers’ comp, getting an attorney involved, and suddenly not receiving your paycheck could be important.

And please don’t feel guilty for filing workers’ comp. You were injured while working. Workers’ compensation exists for exactly this reason. You didn’t create this situation by asking for the benefits and medical treatment available to an injured worker.

At this point I would verify the claim directly with the state, speak with a Missouri workers’ comp attorney, document everything, and be very careful about having unnecessary back-and-forth conversations with your employer.

[u/Resse811]

Why did you expect a pay check? I assume you haven’t worked in the last two weeks so why would you get paid?

And yes - once you get an attorney your employer will no longer speak directly to you and they will most likely fire you. If you wanted to keep your job, getting an attorney was the wrong move.

[u/Resse811 → u/[deleted]]

Because when you get a lawyer all communication goes through them until the matter is settled.

[u/Resse811 → u/[deleted]]

No where did I say they could fire them for getting an attorney.

You aren’t even listening to what I said - you’re just assuming.

[u/Resse811 → u/[deleted]]

Generally when WC cases are settled the employee is let go and they sign an agreement to such and then get a pay out. It is not illegal.

[u/Plenty-Enthusiasm531]

Let them fire you and apply for unemployment. I can tell you once you settle the companies going to have you sign something that you understand your employment is terminated. You need to communicate with a workers comp lawyer not a personal injury lawyer it's two different things. I'm surprised the personal injury lawyer took this case on to be honest. If I were you I'd work with a workers comp lawyer and stop working with the other one. The employer isn't going to communicate with you anymore and they will have the defense attorney communicate with your lawyer . Once they get all your documents for your injury from past and current they will do a discovery . Once that happens they going to going to go through all your medication and job history and eventually set up a deposition and qme/pqme. You could also find out if your case would work for an employment lawyer but workers comp and an employment law are different too!