Can an employerfire someone if they are injured twice on the job?

UPDATED: Jan 21, 2011

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Can an employerfire someone if they are injured twice on the job?

I am a laborer and work in a factory. My employer said that if I get injured on the job 2 times and go to the hospital, they will fire me. No matter what the circumstances are. I got hurt the other day at work and I didn’t want to go to the hospital because I don’t want to get hurt by accident again and it be really serious and get fired from my job. I had a staple go through my fingernail to the bottom of my finger where it came out at. I just want to know if this rule at my work is actually legal?

Asked on January 21, 2011 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no hard and fast rule--it depends on the circumstances. An employer should not fire someone for being injured on the job when it's not their fault, whether it was the first time, second, tenth, etc. On the other hand, if the injury occured because an employee was not following safety instructions or procedures, not using safety gear, was being careless or inattentive, etc., then it may well be the case that they could be fired lawfully--employers may fire people for violating work rules and directives, and are not required to expose themselves to legal liabilty because an employee won't take care. So really depends alot on whether you have some fault or not in the injury.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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