In Missouri, it is unlawful for an employer to fire or discriminate against an employee for filing a claim for workers compensation benefits. Often called, “retaliatory discharge”, the employer will be liable for damages caused by its discriminatory conduct towards the employee. To make a submissible case for workers compensation retaliatory discharge, an employee must demonstrate his or her filing of a workers compensation claim was a contributing factor to the employer’s discrimination or the employee’s discharge. The employee need not demonstrate that his or her exercise of workers compensation rights was the exclusive cause of his or her discharge or discrimination.
If you were injured during the course and scope of your employment, filed a workers compensation claim, and were subsequently discharged or discriminated against in any way, you can bring a claim for retaliatory discharge. Once successfully pleaded, the employer will have the burden of proving that you were fired or otherwise discriminated against for some other reason other than the filing of your workers compensation claim. If it cannot, then you may be entitled to reinstatement, lost income, and potentially other compensation. It is inappropriate and unlawful for an employer to give any consideration to the fact that an employee filed a workers compensation claim when making employment decisions.
It is important that you know and fully exercise your rights when filing a workers compensation claim. If you have been discharged or discriminated against for filing a workers compensation claim, you should consult an experienced workers compensation attorney to hear about your recovery options.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.
