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Workman's Comp in MO

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WarlockofWRP

Junior Member
What is the name of your state? MO


My foot was Broken at work, and I was subsequently fired due to refusing to see the Company Doctor. The reason I was given was that refusing to see the company doctor included refusing to take a drug test, and so I could not be allowed back into the work area.

I was under the Impression that federal law gave me the right to seek medical treatment from my own physician provided my physician accepted Workman's Comp insurance.

Is this legal? Can I really be fired for not going to the company doctor?
 
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seniorjudge

Senior Member
WarlockofWRP said:
What is the name of your state? MO


My foot was Broken at work, and I was subsequently fired due to refusing to see the Company Doctor. The reason I was given was that refusing to see the company doctor included refusing to take a drug test, and so I could not be allowed back into the work area.

I was under the Impression that federal law gave me the right to seek medical treatment from my own physician provided my physician accepted Workman's Comp insurance.

Is this legal? Can I really be fired for not going to the company doctor?
Q. I'm not happy with the company doctor's medical treatment. Can I refuse medical care?

A. Under the workers' compensation law the employee needs to submit to reasonable medical examination at the request of the employer, the insurer or the Division. The employee needs to attend the medical examination that is scheduled by the employer or its workers' compensation insurance carrier. If the employee is unable to attend the scheduled appointment the employee must notify the employer or insurance carrier right away. If the employee refuses to attend the medical examination, or in any way obstructs the examination, the employee's right to compensation benefits may be forfeited during this period. However, the administrative law judge or legal advisor may determine that the circumstances justify the employee's refusal or obstruction.

http://www.dolir.mo.gov/wc/faq_employees.htm#faq10


A good place to start your research.
 
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WarlockofWRP

Junior Member
seniorjudge said:
I fail to see the similarities between the two.

A) This is a workman's comp claim, that was personal sick leave.

B) I was terminated for NOT going to the company doctor for treatment. Prefering my own doctor instead. I know for a fact, in Tx such an action is illegal. I was under the impression that the right to choose my doctor was under the Federal portion of workman's comp.
 

weenor

Senior Member
WarlockofWRP said:
I fail to see the similarities between the two.

A) This is a workman's comp claim, that was personal sick leave.

B) I was terminated for NOT going to the company doctor for treatment. Prefering my own doctor instead. I know for a fact, in Tx such an action is illegal. I was under the impression that the right to choose my doctor was under the Federal portion of workman's comp.
There is no federal workers' compensation law, except for Longshore, railroad workers or federal employees. If you are not employed by any of these the MO law applies. Bottom line is the refusal to go to the company doctor and get the drug test if reasonable cause for termination and denial of w/c benefits- at least for the time being.
 

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