Workers’ Compensation Discrimination

The law prohibits employers from retaliating or discriminating against an employee for filing a Workers' Compensation claim.  The law gives employees a right to recover benefits for work injuries, and employers cannot discriminate or retaliate against employees for enforcing their legal rights.  This law protects employees from being fired, demoted or harassed for making work comp claims.

Employers often try to discourage employees from making Workers' Compensation claims.  This is especially true where employers are self-insured, meaning they pay the Workers' Compensation benefits out of their own pockets rather than having insurance.  We see cases where employers reluctantly provide some required medical care and temporary benefits, but will fire an employee if the employee pursues their full benefits for permanent injuries.  

The Missouri Supreme Court recently changed the law in favor of employees who have been the victim of this type of discrimination.  Under the old law, employees had to prove that the Workers' Compensation claim was the "exclusive" cause for the retaliation, harassment or discrimination.  This was a very difficult standard because employers could almost always make up some other excuse for firing an employee.  

The law recently changed so that employees now only have to show that the work comp claim contributed to the decision to fire the employee.  This standard is more fair to employees, and more effectively holds employers accountable for improper discrimination.

If you have been fired or retaliated against after making a Workers' Compensation claim, give us a call.  We will review your case free of charge.  If we take your case, you will not have any out of pocket expenses, and will not owe us anything unless we are succesful and recovery money on your case.