One common concern among employees is whether filing a workers’ compensation claim could lead to retaliation from their employer. Workers often worry if getting the support they need for their injury could lead to losing their job. What should you know?
What is retaliation?
Retaliation can take many forms, including outright dismissal. It can also include demotions, cutting hours, lowering pay, transferring them to a less desirable job, unfairly scrutinizing their work and other negative actions. What makes these varied issues retaliation is that the employer uses them to punish an employee for their decision to file a workers’ compensation claim.
Does the law protect you from retaliation?
Missouri law specifically forbids employers from firing or otherwise discriminating against their employees for filing a workers’ compensation claim. This means that if an employee gets hurt at work and seeks workers’ compensation benefits, their employer cannot legally punish them for doing so.
While the law protects employees from retaliation, it does not make them immune from termination or other employment actions that are unrelated to the workers’ compensation claim. For example, an employer may lawfully terminate an employee for reasons such as poor job performance or economic necessity, as long as these reasons are not just excuses for retaliation.
What can you do if your employer retaliates against you?
If an employer retaliates against their employee for filing a workers’ compensation claim, that employee has the right to bring a case against their employer. If the court finds that the employer unlawfully retaliated against the employee, it may order the employer to re-hire the employee, compensate them for the wages they lost and other damages.
If you suspect that you have suffered as a result of retaliation, an attorney’s guidance can be helpful. A workers’ compensation attorney can help you understand your rights, guide you through the claims process and help you protect your rights.
In Missouri, the law is clear that employers cannot fire their workers for filing a workers’ compensation claim. Understanding your right to file a claim is an important first step toward protecting both your health and your job.