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 worker 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.
I have been hurt and cannot afford an attorney. What do I do?
Hire BW to help you. At BW, you do not owe us a dime until we get money for you. We are confident we can help you so contact us now. If you have been hurt and need assistance, let BW help you. Remember, no money for you, no fee for us.
Does dissolution of marriage have to be hard fought and bitter?
Dissolution of marriage is almost always difficult, particularly if there are children involved. It is almost inevitable that there will be disagreements. It takes two people to reach an agreement; however, anything that you can do to keep the relationship calm and rational will probably be to your benefit. A provocation by one spouse is usually met with retaliation and the atmosphere can degenerate. When parties seek revenge for past injustice, presumed or real, the battle can be long, expensive and bitter. Even though the statute allows the judge to consider the conduct of the parties in dividing the property, the judge will probably place little weight on the misconduct unless it involves clear physical or emotion abuse. Remember you are paying your attorney by the hour and it is usually a bad idea to escalate the battle if it can be avoided. In summary, try to remain rational and calm and avoid unnecessarily angering your spouse. Remember that you once loved this person and if you have children, you will need to work together in the future to raise these children. Be assertive about your rights, but do not be petty and do not use your children as pawns. We understand that you may have a spouse that is being difficult, and we will help you focus on being calm so that the best possible outcome can be attained.