Employer Retaliation From Worker’s Comp Claims

In Missouri, it is against the law for an employer to retaliate against an employee for exercising his or her rights under workers compensation law. Missouri courts have defined retaliation broadly, acknowledging the reality that discrimination may take various forms. Today, a wide variety of conduct can constitute “retaliation”, including denying an employee advancement, salary or hourly pay increases, or assignment to less desirious jobs or locations. Thus, workers compensation law provides a remedial benefit to employees who have been discriminated against in retaliation for filing a workers comp claim.

Remember, to establish a retaliation claim, a claimant must prove the following elements in order: 1) claimant’s status as “employee” before injury; 2) claimant’s exercise of right under worker’s compensation law (e.g., filing a workers comp claim); 3) employer’s discharge or discrimination against employee; and 4) an exclusive causal relationship between claimant’s exercise of her rights and employer’s discharge of or discrimination against claimant.

If you have been discriminated against for filing a workers comp claim, you have a right to pursue a retaliation claim against your employer which may allow you to obtain reinstatement, re-assignment, back-pay, or other remedies. Contact an experienced workers compensation attorney today to hear about your recovery options!

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