You have certain rights under Missouri workers’ compensation law after being injured on the job. One key protection you have is that you can’t be wrongfully terminated just because you filed a claim. Unfortunately, some employers in our state violate this law.
At Bollwerk & Associates, LLC, our St. Louis workers' compensation attorneys have decades of experience helping people just like you not be taken advantage of after a workplace accident. We’ll advocate for your rights regarding your wrongful firing according to the law and defend your case against the employer’s insurance company trying to reduce or deny your claim benefits.
What the Law Says About Wrongful Firing for Workers’ Compensation Claims
According to the Missouri Department of Labor and Industrial Relations, “Section §287.780 of the Missouri Workers’ Compensation Law states: ‘No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.’”
The filing of a workers' comp claim must be what’s known as THE “motivating factor” for the wrongful termination. Under this statute, a motivating factor means that your exercise of your right to workers' comp benefits played a role in and was a determining factor in your discharge.
In addition, it’s against the law for your employer to retaliate against you for asserting your right to receive workers' comp benefits. For example, it cannot demote you, reduce your work hours, or harass you if the motivating factor is the fact that you exercised your workers' compensation rights.
Are There Exceptions Under Missouri Law That Permit an Employer to Fire You?
As with many laws in our state, there are certain circumstances identified as justifiable for termination. For example, you might be released if you engage in post-injury misconduct or violate your employer’s policies. For example, your firing wouldn’t be considered wrongful if your employer can prove any of the following:
- You violated security standards.
- You were involved in fraudulent or theft-related actions.
- You committed violence against your employer or another employee at your workplace.
- You engaged in insubordination.
In addition, termination may be justified if you can no longer do job duties due to your work injuries and there isn’t another position available that you’re qualified or able to perform.
How Bollwerk & Associates Can Help If an Employer Retaliated Against You
If your company wrongfully terminated you, discriminated against you, or harassed you because you filed a claim for workplace injury benefits, you deserve to assert your rights. You can file a lawsuit in the circuit court for damages.
However, while there are some workers’ comp claims you can handle yourself, retaliation cases are complicated. You shouldn’t attempt to file a complaint and litigate your case without the assistance of a skilled employment law legal team.
Our St. Louis workers' compensation attorneys are ready to protect your rights. Here are just a few ways we can help you:
- Investigate your case. We’ll thoroughly examine your workplace injury and any illegal actions your employer took to retaliate against you for seeking workers' compensation benefits.
- Gather essential evidence. We’ll compile the necessary evidence to demonstrate your entitlement to workers' comp benefits and prove any wrongful termination, discrimination, or retaliation. Additionally, we’ll guide you through the steps to build a strong case.
- Pursue your claim. If your employer engaged in wrongful termination or other illegal actions, it may also challenge your workers' comp claim. Our attorneys will vigorously pursue your claim to secure the benefits you deserve.
As our clients' testimonials state, we won’t hesitate to uphold your rights to the fullest regarding your workers’ compensation claim.
