If your employer punished you after a workplace injury or workers' compensation claim, Missouri law may give you a separate civil action for damages. At Bur Oak Injury Law, we help injured workers in Columbia, Jefferson City, and Central Missouri protect their workers' compensation rights after termination, demotion, harassment, reduced hours, or other retaliation.
Missouri law explicitly prohibits employers from discharging or discriminating against employees for exercising their right to file a workers' compensation claim — including reporting a workplace injury and cooperating with a claim investigation. Protect your job, wages, medical care, and future when an employer retaliates after you report a work injury or file a workers' comp claim.
(573) 499-0200 — call anytimeFiling a workers' compensation claim is not a favor your employer grants — it is a legal right. Missouri operates on a no-fault system regarding workers' compensation, meaning employees do not need to prove employer negligence to receive benefits during recovery. That protection includes injured employees who need medical treatment, light duty, wage benefits, or time to heal after a work-related injury.
Missouri law protects an employee's exercise of workers' compensation rights, including filing a claim, reporting an injury, testifying, seeking medical care, and cooperating with a Missouri Division of Workers' Compensation investigation. Retaliation does not have to be the only reason for an adverse action — the Missouri Supreme Court's decision in Templemire v. W & M Welding, Inc. established that participation in a workers' compensation claim only needs to be a contributing factor for termination, rather than the exclusive cause.
Recent changes in Missouri law — including Senate Bill 43's motivating factor standard — make it more important than ever to act quickly and build strong evidence. Professional legal representation ensures an employer cannot use threats, discipline, demotion, or discharge to punish injured workers for exercising their rights.
Retaliation can be subtle — receiving workplace complaints for the first time, being excluded from shifts, losing job duties, being denied light duty, or being treated differently after reporting an injury. Suspicious timing of adverse actions after reporting a work injury can be a significant indicator of retaliation.
Employer retaliation claims require a different legal strategy than a standard workers' compensation claim. A retaliation claim under Missouri Revised Statute Section 287.780 is a civil lawsuit filed in circuit court — separate from the underlying claim for workers' compensation benefits. At Bur Oak Injury Law, we handle both tracks when necessary.
We represent workers facing wrongful termination, retaliatory discharge, demotion, reduced hours, harassment, or discrimination after filing a workers' compensation claim. If an employer discharged an employee shortly after a work comp claim, the timing, comments, records, and treatment changes may help prove retaliatory discharge.
Some cases involve both Missouri workers' compensation and other employment law issues. Employers may rely on at-will employment doctrine, claim "performance problems," or point to workplace policies to hide retaliation. We review whether the stated reason is real or pretextual, whether the employer followed its own policies, and whether the workers' compensation filing was a motivating factor in the adverse action.
We help collect employment records, medical restrictions, text messages, emails, witness statements, performance reviews, schedules, wage records, and notes about supervisor comments. Strong evidence includes changes after filing a workers' compensation claim, inconsistent discipline, exclusion from shifts, refusal to honor restrictions, or sudden allegations of misconduct after years of acceptable work.
Workers in Missouri who have faced retaliation after filing a workers' compensation claim may recover lost wages, benefits, emotional distress compensation, and potentially punitive damages against their employer. We provide direct representation in settlement negotiations, litigation, and court proceedings.
To prove employer retaliation, an employee must demonstrate a connection between their workers' compensation filing and the adverse action taken by the employer. Retaliation does not always mean immediate termination — it can take many forms.
Chris Miller personally handles every step of your retaliation case. No handoffs to associates or paralegals — your case stays with Chris from the first call to the final outcome.
Missouri law explicitly prohibits employers from retaliating against employees who exercise their workers' compensation rights. The key statute is RSMo Section 287.780, which provides that an employer who discharges or discriminates against an employee for exercising workers' compensation rights is liable for civil damages. Protected activities under Missouri law include reporting workplace injuries, seeking medical treatment, filing an official claim, and cooperating with DWC investigations.
Missouri's workers' compensation system is a no-fault system, which means employees do not need to prove employer negligence to receive benefits. The anti-retaliation protections under Section 287.780 exist because the legislature recognized that injured workers might otherwise be afraid to file claims or seek medical care for fear of losing their jobs. If a claim has already been denied, that does not diminish your right to fight retaliation.
Senate Bill 43 raised the standard for employment claims in Missouri to a "motivating factor standard," which may affect how retaliation claims proceed. Employers can lawfully terminate an employee for documented misconduct unrelated to a workers' compensation claim, even after an injury. That is why we review whether the stated reason is real or pretextual, and whether the workers' compensation filing was a contributing or motivating factor in the adverse action. Acting quickly and building strong evidence is essential — contact Bur Oak Injury Law as soon as retaliation occurs.
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