June 16, 2022 | Personal Injury, Workers Compensation
If you are receiving workers’ compensation, you probably have a lot of questions.
If you become reliant on workers’ comp, the fear of losing your job or the benefits you are receiving from your workers’ compensation claim is likely at the forefront of your mind.
Filing for workers’ compensation or disputing the amount you have received often feels like you are going to war with your employer and their insurance company.
As an employee and as an American, it is important that you know you are entitled to workers’ compensation benefits.
An individual who has been injured at work can file a workers’ compensation claim to receive benefits.
The idea of filing a workers’ compensation claim might seem like the perfect solution to the problem, but it actually comes with some potential consequences for the employee.
Put simply, the answer is no, you cannot be fired for filing simply for filing a workers’ compensation claim.
However, that does not mean it won’t happen.
It is also important to note that you can still be fired while receiving workers’ compensation.
Some employers don’t want to deal with the hassle of having an injured employee on their payroll and instead find an excuse to terminate their employment or have someone else take over his or her duties.
If an employer does this, they are leaving themselves exposed to additional claims and, in some cases, an even higher workers’ compensation payout.
A workers’ compensation attorney will be able to discuss your rights and options more thoroughly.
If you were receiving treatment for a job injury or illness, then when you return to work your treatment and benefits will continue for as long as is medically necessary.
This can be really helpful in cases when an employer needs to make a decision about the employee’s future in the organization.
The worker can decide whether they want to stay and try and find something that doesn’t aggravate their injury or illness or take another job where their injury is less likely to be aggravated by work demands.
Yes, you are still eligible for workers’ compensation even if you are fired from the job responsible for your injury or illness.
When you receive a workers’ comp injury, your right to benefits does not disappear if you are fired or laid off.
Laws protect employees from losing benefits in the event that they lose their job.
As long as the incident occurred while on duty and it is connected with your job duties, those rights do not cease when an employee leaves their current position in pursuit of greener pastures.
You will continue to receive medical care for any injuries sustained during employment; lost wages due to being unable to perform normal tasks without pain; and anything else which may be covered by statute regarding these types of incidents.
If you have been injured or become ill due to an incident that took place at work, we highly recommend contacting a personal injury lawyer specializing in workers’ compensation to review your injuries and the workers’ compensation benefits you are receiving.
Ortwerth Law is a St. Louis workers’ compensation lawyer helping individuals in Saint Louis, Missouri and the surrounding areas.
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The Ortwerth Law Firm came to my rescue in my time of need. I would not have known how to proceed without their expert guidance. They were kind, caring, professional, and always available. I was fortunate to be able to work with them. Thank you.
My experience with Ortwerth Law was seamless. In my case, Craig had to take on a giant company, and handled everything professionally all the way to satisfactory closure. Craig was engaging, and faithful to keep me informed along the way. There is no one else I'd rather recommend.
I was in a car accident that was not my fault. Craig was absolutely amazing in handling my situation. He made the process painless and kept me in the loop for everything that was happening. I recommend Craig whole heartedly!!!!!
If you need legal representation, Ortwerth LLC is who I recommend. Communication, compassion and professionalism...
5 Stars Outstanding! I was always contacted and informed regarding my case. I did not have to go out of my way for anything. The process was very easy for me. Thank you
Craig was great and did a fantastic job for me. He is very professional and knew how to do his job. Craig is a very friendly, compassionate and understanding person. He answered all my questions and called to see how I was doing. I would recommend Craig to everyone. In my book he is an outstanding attorney.
Having Craig work on my case from beginning to end was the best decision I'd ever made! My case went on for 3 1/2 years and during that time i never had to worry about "bothering him or his staff with questions, or their patience in explaining what was going on or what I needed to do. They kept me and everyone involved informed and things went along smoothly! I hope to never have a case like this again, but if I do, there is absolutely NO doubt in my mind as to where I'd go and who I'd have to handle my case!! I highly recommend anyone to at least sit down for a consult. YOU WILL NOT BE DISAPPOINTED!! Great Job Craig (& Marcie!!)
Craig was AWESOME to work with!! If I had a question he had no problem taking my call or returning a call if he was busy. I literally did nothing except sign papers. He did everything for me and made the process of my workmans composition settlement stress free!!! Give Craig a call, I believe he will make you a very happy client like me!!
Brian McChesney is the BEST divorce lawyer I have ever experienced or come across. He goes out of his way to help, and has the best suggestive advice. I appreciate his integrity, valor, and honesty. I cant even begin to express my gratitude and thankfulness! Wonderful guy!-Laura
I grew up playing sports with Craig since grade school. Dedication, determination, and commitment lead to his success as an athlete and now leads him to be successful in law. When I was in a accident several years ago I called to ask for his help. He took care of all the legal tasks while I concentrated on physical therapy. I have recommended several of my friends and family to Craig and he has given them the same commitment and assistance. I endorse Craig and his firm for anyone needing legal service.
I’m so grateful that Craig Ortwerth and his office took on my car accident case. Craig was so easy to work with and he quickly replied back to any questions or concerns I had and explained every step to me. I felt such relief knowing I was in good hands and I didn’t have to worry about dealing with the insurance company so I could focus on healing from my accident.
Brian is an outstanding attorney! I had a pretty complicated divorce and it was not an easy time for me. Brian was thoughtful and empathetic to my situation. He wasn’t some cold attorney sitting across from me nodding his head. He was very responsive to any and all concerns I had, and never made me feel like a bother. He knows his profession and does it well. His prices are more than fair.
As the Office Manager at Healthcare Complete, I would highly recommend the legal services from Brian McChesney and Craig Ortwerth. We have routinely referred our personal injury patients in need of legal advice/representation to their firm, and our patients have ALWAYS been well represented and satisfied. On a personal level, I have been represented by their firm for a personal injury case and have been equally satisfied. I have referred family and friends to the firm for similar situations. Our office, Doctor and Staff hold the firm in high regard. Thanks for all you've done for us through the years!
This was the first time I have ever needed a lawyer. And Craig Ortwerth was refered by a friend he made this process easier than I could have ever imagined. All I had to do was sign a few papers and everything else he took care of. I'm so happy with the outcome and working with Craig was great.
Hands down this is the best firm in St.Louis! I have had the BEST experience at McChesney & Orthworth. I have worked with Brian who from day one of me walking into the office has provided the most humble counsel.Very professional. When stepping in this office I felt like they truly wanted to help me get the best care. I can't say enough about his firm. Truly amazing!! I would recommend this firm to others in a heartbeat! To all of you at McChesney & Orthworth law group, a sincere thank you!! Many Thanks! Brooke Hinkle
I had Craig ortwerth represent me for a workmans Comp case and I will say he did an amazing job was very easy to keep in contact with and he handled everything in the best way possible I am extremely happy with the settlement he got me I fully endorse his law firm nothing remotely negative to say
I have worked with Craig Ortwerth on a few different occasions. Each time I was very pleased with the out come. Everyone from the staff to the lawyers are nice, respectful and give excellent customer service.
Brain McChesney has represented and guided us through several legal matters over the past 15 - 20 years. We have found him to be knowledgeable, responsive, aggressive, reasonable, and trustworthy. We would not turn to anyone else in the future. I highly recommend him.
Brian McChesney saved my life and the lives of my four children. Exceptional person, exceptional attorney.
Brian works like it is own family and Craig never let me down
