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.
What Kind of Personal Injury Cases do Buchanan, Williams & O' Brien Handle?
Our attorneys handle all types of personal injury lawsuits for clients located in Missouri and throughout the United States, including those arising out of:
Automobile and Trucking Accidents
Dangerous and Unsafe Property
Injury Requiring Surgery
Unsafe, Defective, or Dangerous Products (Product Liability)
Slip and Fall Accidents
Nursing Home Abuse and Negligence
Work Injury (Workers’ Compensation)
Bicycle and Motorcycle Accidents
I have been hurt and cannot afford an attorney. What do I do?
Hire BWO to help you with your personal injury and work comp cases. At BWO, you do not owe us a dime until we get money for you. Other types of cases are generally billed on an hourly basis. We are confident we can help you so contact us now. If you have been hurt and need assistance, let BWO help you. Remember when it comes to personal injury and work comp, no money for you, no fee for us.