When an employee sustains a work-related injury in Missouri, workers’ compensation provides a no-fault system to resolve the problem. The law requires employees to use workers’ compensation for medical treatment and financial compensation stemming from a work-related injury. In certain cases, however, employers retaliate against employees for filing a lawful workers’ compensation claim. In those cases, employees should retain legal counsel to protect their rights.
HKM Employment Attorneys LLP in St. Louis, Missouri, has demonstrated capabilities protecting employees from retaliation for opposing discriminatory actions. With a legal presence that stretches across the United States, HKM Employment Attorneys can help employees fight even the largest of companies. If you need legal assistance with employer retaliation for reporting discrimination, contact us today for help with your legal strategy.
Accomplished Attorneys Help Injured Workers Bounce Back
Workers’ compensation is a system that processes most work-related injuries in Missouri. This system has advantages for employees. Employees receive immediate medical attention, without worrying about the outcome of a lengthy and expensive lawsuit.
From a legal standpoint, the state of Missouri requires employees and employers to report all significant work-related injuries. In terms of process, the employee generally reports the injury and relevant details to his or her employer. Then the employer is responsible for reporting the injury to Missouri Department of Labor and the workers’ compensation insurance carrier.
Important Considerations for Preserving a Retaliation Claim in Missouri
As outlined in the previous section, all work-related injuries must pass through the workers’ compensation system. Otherwise, the system breaks down and the advantages to employees and employers begin to disappear. That is why it is unlawful discrimination for a Missouri employer to retaliate against an employee for reporting a work-related injury or filing a workers’ compensation claim.
To fully grasp what types of adverse actions qualify as retaliation in this context, please find below a breakdown of prohibited activities. For example, if an employee files for workers’ compensation, Missouri laws prevent the employer from:
- Terminating or firing the employee;
- Declining to hire the employee;
- Refusing to promote the employee;
- Disciplining the employee without cause;
- Delivering unfairly negative references to a third party;
- Providing unrealistic performance targets or job duties; or
- Administering a negative performance evaluation to the employee without cause.
On the whole, Missouri employees must report work-related injuries. Consequently, employers are prohibited from retaliating for the reporting or filing of a workers’ compensation claim.
Reach Out to a Missouri Retaliation Counselor for Legal Aid
If you or a loved one filed for workers’ compensation and suffered employer retaliation, HKM Employment Attorneys can review your case and provide valuable legal insights. A national law firm with counselors in many U.S. jurisdictions, HKM Employment Attorneys has experience representing employees against employers of various sizes and across various industries. If you have legal questions, please feel free to contact us at your earliest convenience.
