Workers Compensation Retaliation – Employer Retaliation – St. Louis Work Comp
An employee injured on the job may be subject to retaliation in the workplace by an employer that does not want to pay the costs.
When an employee is injured on the job and files a workers’ compensation claim, they may be subject to retaliation from the employer who doesn’t want to pay the costs. The injured employee is often discriminated against or harassed because of filing the claim. However, in Missouri, the law prohibits an employer from discriminating against or discharging an employee for filing a worker’s compensation claim.
Love my workers compensation law firm. Highest work injury awards in St Louis. The reviews are 100% correct.
And used Mr Hoffman's Law Firm for a workers compensation claim. All the firefighters use him said he gets the highest work in injury Awards.
This lawyers is simply the best you will find for work injury claims. Best choice for workers compensation attorneys.
Exceeded our expectation. Incredible lawyer for work injury claims he will file and litigate the workers compensation claim walk you through the process and fight for treatment and the final award gold medal effort.
You are a great attorney! Thank you.
Bunch of Ford employees recommended Mr Hoffmann for workers compensation claims. Said he handles all the union workers who get injured at the plant.
My cousin was injured in a work accident so we had to interview all the “top workers compensation lawyers” in Saint Louis. This lawyer was clearly on another level.
This workers compensation lawyer gets a perfect 10. Fights hard for injured workers and he wins. Walks you through the entire process. He is also a great person.
I agree with the reviews. This lawyer is in a different league from other workman’s compensation lawyers. He does all the massive injury cases in Missouri.
Response from the owner: Thank you Jennifer. We just went to trial for a disputed total knee replacement. The work comp doctors always allege the knee replacement is due to pre-existing arthritis yet my client has no prior knee pain, no prior limitations, no prior treatment. He had a 60 year old knee that had natural degenerative changes, but he was pain free. In the word "arthritis", itis means inflammation and pain, neither of which my client had before the injury. The itis started with the work injury. It takes 90 days for a ruling. Law Office of James M. HoffmannSt. Louis, MO car accident and workers compensation lawyer314 361 4300
Phenomenal experience with the Law Office of James Hoffmann. He is know as the best in workman’s compensation and I can tell you he is. Great team. Answered all questions, was available and is brilliant.
5 StarsThese reviews are correct. This attorney is incredible. He knows workmans compensation, fights for denied treatment and wages, and gets your on the job injury rated by the best doctors. I will be using him from here on our great experience.
Great person. Even better lawyer. Thank you Mr. Hoffmann for being so good at workers compensation. Getting hurt at work is frightening. That went away as soon as we spoke. Bless you!
Re: Law Office of James M. HoffmanThe Law Office of James M Hoffmann was referred to me from a previous client, that was extremely impressed, with his service and outcome.I met with Jim Hoffmann to discuss a car accident. Three cars were involved, my car was totaled, and I was seriously injured. After meeting with Jim the very first time, I immediately felt comfortable, and knew that he would have my back, and would fight for me.Throughout my journey, I dealt with a lot of pain and several issues that lasted for years. During this time I had to contact Jim and Jamie (Jim’s wonderful assistant) many times. Every time I sent an email with questions, I received feedback extremely quickly!I feel Jim negotiated a great settlement for me!The Law Office of James Hoffman will be the first place I contact if I ever need his help again!Suzanne Charles
Response from the owner: Thanks Suzanne. Over the past 25 years, we are proud to help families through injuries from car accidents and work accidents in Missouri. James HoffmannSt. Louis, MO auto accident and workers compensation lawyer314 361 4300
This law firm handles the biggest workers compensation cases. Biggest cases require the best. This is it in St Louis. Everyone you call says the same thing that Jim Hoffmann is the best in Missouri and consistently beats the biggest defense lawyers and defense doctors and gets the highest awards.
The workers compensation doctor said to hire this attorney because he is the best to put towards the task of making sure I’m accurately represented and assured he would not give up in my time of need. This attorney is great and I would recommend them to any and everybody.
Response from the owner: Thanks Shane. I have fought for 1000's of injured Missouri workers and car accident victims. Workers compensation doctors and insurance adjusters have hired me to represent them, all saying "you fight for your clients." I hire experts. I take depositions. I try cases. The insurance adjusters know who settles cheap to meet big advertising bills and who fights for their clients. Glad to say I am a fighter.Jim HoffmannMissouri workers compensation and car accident attorney314 361 4300St. Louis, MO
Workers comp claim in the Missouri division of WorkersCompensation? Get this lawyer. Simply better than all the rest.
Higher this workers compensation lawyer. no question about it top notch.
Every lawyer we spoke to said call this law firm for very serious worker’s compensation claims. They do the biggest workplace injury and death cases.
Response from the owner: Thanks Dylan. Here are a few things injured Missouri workers should immediately after the injury: report the injury in writing; if the employer says that he/she will fill it out and refuses to let you fill out the injury report, you can prepare a letter about what happened and give it to your boss (keep copies and date it!); ask for treatment: just telling your boss that your back is hurting isn't good enough; say "my back is hurting from breaking up concrete and I'd like to see a work comp doctor:; if your boss refuses, give your boss a letter confirming that you reported a back injury, asked for treatment, and it was refused; when you see the work comp doctor and the front desk gives you intake sheets that don't ask all of the necessary questions about what happened and only what x's and o's: just write anything anywhere you want to so that you explain how you go hurt and what body parts are hurting; on the body chart, circle your low back and write "back pain that shoots down my right leg"; if your employer gives you work that exceeds the light duty restrictions, refuse to do that work and give your boss a letter confirming what has transpired (date it and keep copies); when the work comp doc releases you in pain and blames a pre-existing condition even though you had no prior pain, no prior treatment and no prior limitations; give that doctor a letter :"Dr. No: to confirm, I am very upset that you are releasing me and sending back full duty despite ongoing pain from my work injury. My back pain is still a 4-7/10; it wakes me at night; and light duty was making it worse. You said I've healed from my injury and any ongoing issues are due to pre-existing arthritis. I told you I had no prior pain; no prior treatment; and no prior limitations. All of my pain, treatment, and limitations started with my work injury and have never resolved. If my back gets worse at work working full duty, I will hold you personally responsible."
This law firm does Workers Compensation. The head lawyers, James and Remy, really know their stuff on workplace injuries due to a work accident on the job. Injured employees is all they represent.
Response from the owner: Thank you Heather. We represent injured workers and injuries due to car accidents. We frequently retain experts, such as orthopedic surgeons, neurosurgeons, pain management doctors, vocational experts, life care planners, and others to fight for our clients as expert witnesses in court.We represent people across the entire state of Missouri from St. Louis to Kansas City, from Joplin to Kirksville, from Columbia to Kennett. Neck fusions, lumbar fusions, cervical disc replacements, lumbar disc replacements, shoulder replacements, knee replacements, meniscus tears, rotator cuff tears, ankle fusions, loss of limb, paralysis, and death, we have helped many workers and families recover compensation either by settlement or by trial.James Hoffmann, attorney2001 S. Hanley, suite 325St. Louis, Mo 63144314 361 4300
This lawyer is a workers compensation machine. Fights for injured workers hurt on the job and denied medical after a work accident.
Response from the owner: LexiWriting a proposed award for an upcoming work comp trial for an injured Missouri worker. L4-S1 lumbar fusion with plates and screws. Pursuing permanent and total disability plus denied medical. Here is the case law on denied medical in MO workers compensation:The employer is held liable for medical treatment procured by the employee only when the employer has notice that the employee needs treatment, or a demand is made on the employer to furnish medical treatment, and the employer refuses or fails to provide the needed treatment. Hawkins v. Emerson Electric Co., 676 S.W.2d 872, 880 (Mo.App.1984).The courts have consistently held that an award of past medical expenses is supported when the employee provides (1) the bills themselves; (2) the medical record reflecting the treatment giving rise to the bill; and (3) testimony identifying the bills. Martin v. Mid-America Farm Lines, Inc., 769 S.W.2d 105, 111-12 (Mo. 1989). The pertinent case law requires employee to prove that the past medical expenses were “due” to support an award of interest. McCormack v. Stewart Enters., 956 S.W.2d 310, 314 (Mo. App. 1997). As explained in McCormack, this means employee must show that he actually paid the bills, or received demands that he pay interest on the bills, or suffered some other loss, such as a doctor refusing to provide additional treatment until employee paid his bill. Id.
Great attorney to work with. Work injuries and workers compensation is his specialty. Known as “the best” and that is 100% accurate.
Response from the owner: Thanks DJ. When the workers comp doctor treats you for an on the job injury, releases you still in pain, and then blames pre-existing arthritis as the cause of your ongoing knee, hip, shoulder, or back pain, make that doctor answer these questions: Please explain why you allege pre-existing arthritis when, before the injury, I had no knee/neck/shoulder pain; I had no limitations at work; I sought no treatment; I enjoyed xyz activities. All of my pain, my limitations, my need for treatment. started with the work injury and my pain has never stopped. Then say "let's look up the definition of arthritis": arthr means joint and itis means inflammation and pain... I had no inflammation or pain before the work injury. I may have had natural degenerative changes in my joints, but I had no pain, no limitation, no treatment. All of my pain and inflammation started with the work injury.
Found this workers comp attorney on Google for a friend in St. Louis. Great reviews. This lawyer was by far much better than the others we interviewed. This was a bad injury and Mr. Hoffmann got him payments for life.
Response from the owner: Missouri work comp law mandates compensation for either partial disability (PPD) or permanent total disability ( PTD). Employees who can no longer work seek PTD which is either a lump sum by settlement or, if the parties cannot settle, then a trial a weekly check for life is sought, plus back pay and future medical care.
This lawyer does complex workplace injury cases resulting in total disability. If badly hurt at work, this is the attorney to hire for your workers compensation claim. You don’t get a second chance! Hire James!
Response from the owner: Thanks Angela. You are correct. You get one chance to win. Injured workers from across Missouri have hire me to represent them. Joplin, Springfield, Cape Girardeau, Kennett, Fenton, Kansas City, Poplar Bluff, St. Louis, Moberly, Kirksville, Columbia, Chillicothe, Sedalia, Moberly, St. Joseph, Nevada, Neosho, West Plan, Sikeston and other Missouri residents have hired me for their work comp or car accident case. Permanent total disability claims are life changing. Your attorney needs to hire experts and be thoroughly prepared for trial. Law Office of James M. Hoffmann314 361 4300
Great workers comp lawyer. I recommend this lawyer for anyone injured at work and having to file a Work Comp claim. He is in St Louis and does cases all over Missouri. He fights for you and Workers Comp claims are a fight.
A workers compensation judge told me to hire this lawyer for a relatives work comp claim. He was right, this lawyer is great.
Response from the owner: Thanks Hadleigh. I've handled 100 plus trials and 1000's of injury claims for injured workers over the past 25 years across the entire state of Missouri. Unlike these large law firms with their silly ads and their monthly settlement quotas, I hire experts and try cases. I've represented Missouri workers comp claim adjusters and insurance company doctors because they know I fight for injured workers.Gold blessJames Hoffmann, attorney314 361 4300
Work injury cases need a great lawyer who will fight to get treatment and pay. This lawyer does it. Most do not. He also gets you rated. Most lawyers do not. Best lawyer for Workers Comp in St. Louis.
Response from the owner: I appreciate your kind words ReAnna. I do not hesitate to hire experts for reports from pain management doctors, shoulder specialists, back specialists and life care plans for catastrophic injuries. If a biased work comp doctor releases my client too early and my client wants more treatment, we send the injured worker to our docs for opinions on additional treatment. Whether the injuries are work comp or a car accident, we spend a lot of money on expert witnesses.Law Office of James M HoffmannSt. louis, MO injury attorney314 361 4300
Great service use Hoffman a few back
Response from the owner: Proud to be representing injured Missouri workers and car accident victims for over 25 years. The law firms advertising bigger is better is a bunch of crap. Being in Missouri courts for 25 years, trying cases for 25 years, and taking 1000's of expert depositions for 25 years makes you a good lawyer.James HoffmannMissouri personal injury and workers comp lawyer.314 361 4300
James Hoffman has done a great deal of work for me since my accident and he's been working very hard to get me back on my feet he fights for his clients and I very well appreciate him.
Response from the owner: Thank you Gladys. It is my passion to fight for the injured in Missouri. You suffered severe injuries requiring surgery. Insurance companies think injury claims are a game but its not. People have bills to pay and family to provide for. Unlike the "big" law firms that settle cheap to pay for advertising costs, I hire experts and try cases. God bless.
Mr. Jim Hoffman is the best Lawyer in Mo, If I just can give him a 10 star out of 5 I will give him a 10 star, They are the greatest.
Response from the owner: Very kind of you Sonya. Both workers comp and car accident insurance companies like to play the game of blaming pre-existing degenerative changes even though someone had no prior pain, no prior limitations, and no prior treatment to the body part at issue. This happens a lot with back injuries such as herniated or ruptured lumbar and cervical discs that require a fusion or disc replacement surgery. I have developed an extensive cross examination of the insurance company experts to expose their flawed opinions. Glad to fight for the injured.Jim HoffmannSt. Louis injury attorney314 361 4300
amazing service, got my speeding ticket (which was over 40) down to a parking violation.
Response from the owner: Car accidents, work comp, and other injury claims in Missouri are my specialty. But, glad to help anyone in need. If I don't practice in the area, such as discrimination or medical malpractice, I will refer only to the best attorney's who I know and trust.
Does great with Workers Compensation cases in Saint Louis, MO area.
Response from the owner: Work comp and car accident cases in Missouri for over 25 years. We have sued trucking companies for wrongful death. Our clients have undergone lumbar/cervical fusions, shoulder surgeries,knee surgeries, hip replacements, carpal tunnel, ankle replacements.. we know injuries. We hire experts. We try cases.ThanksLaw Office of James M Hoffmann314 361 4300
Jim is the one you should choose if you are looking for a good relationship with your attorney. He is there to answer questions and gets you what your case is worth.
Response from the owner: Thank you Edward. Missouri workers compensation has become a battle ground. The insurance companies have taken over Jeff City and the laws are become more employer/insurer friendly. We hire experts, take a lot of depos, and try cases every year. Missouri injury claims are our speciality. Jim Hoffmann
Everyone on staff is incredibly polite and always ready and willing to help. I had several questions along the way through out my case and Jamie was always there to get my questions answered. With the efforts of Mr. Hoffmann and his staff I had a very favorable result and they took great care of my case. I had the pleasure of meeting Mr. Hoffmann and he truly is a "salt of the earth" kind of guy. 10/10 Would recommend to anyone in need of these services!
Response from the owner: Thanks Danielle. Whether a work comp case or a car accident injury, people need an injury lawyer to battle the insurance companies. Adjusters claim they are not trained to deny claims, but when deposed they admit to profit sharing retirement plans: more they deny means more profits they share. Thank you for your confidence in my practice. Glad to help those injured in Missouri.Jim Hoffmann
James law office he is a good lawyer to represent you when you need a lawyer when you get hurt on the job. Jamie his secretary does an outstanding job for his to anybody.
Response from the owner: Fighting insurance companies for injured workers is our passion. Across the state of Missouri, we represent those hurt on the job. Work comp insurance companies are nothing but bullies to injured employees. Thank you for the kind words Jerry!
I was injured at work, Mr. Hoffman and his team handled my case. I was very pleased with them. Very nice, when I called I always got help or a call back with answers to my questions. I also meet Mr. Hoffman, it wasn’t an associate. He greeted me on my first visit and when I went to receive my settlement, he talked with me, and thanked me.
Response from the owner: Missouri workers compensation recognizes both acute and repetitive use on the job work injuries. And, even if you have prior degeneration in a joint, that doesn't mean that the joint cannot be hurt. Be clear with the work comp doc if you had no prior issues and that all of your pain started with your job duties.
Excellent attorney and his staff is amazing. They listen, communicate very well, and are patient, kind, extremely knowledgeable, and understanding. Best of all, they get things done!! Highly recommend for anyone dealing with a worker's comp case.
Response from the owner: Thank you. It's our passion to fight for the injured Missouri worker. Across Missouri we have helped 1000's of employees injured on the job in areas such including Kansas City, St. Louis, Springfield, Cape Girardeau, and Hannibal. Work comp and car/truck accidents are our specialty.Law Office of James Hoffmann2001 S. Hanley 63144314 361 4300
Jim has represented me and my son. We were extremely pleased with the entire experience and outcome.
Response from the owner: Thank you Dave. Glad to help anytime!JimLaw Office of James M. HoffmannBrentwood, MOPersonal Injury and Work Comp
You’re not a number, you’re a person.Jim treats you like family. He doesn’t treat you like a paycheck.There’s a reason why he’s so highly rated.
Response from the owner: Thank you Mike. I don't like insurance companies. They bully people in an effort to pay as little as possible. Glad to lead the fight. Injuries can be life changing and fair compensation should be paid.
If you're looking for a good lawyer who knows what he's doing and has many years experience in workers comp, Jim is the lawyer you want to hire. I've dealt with him for many many years and he is a good person
Response from the owner: Thank you. It's our job to fight the workers comp adjusters for injured workers across Missouri. 100% you need a work comp attorney as the employer/insurer have a lawyer from day one.Law Office of James M Hoffmann314 361 4300
Love this lawyer. Great for work injuries if you file a workers comp case in St. Louis.
Response from the owner: Thanks Sophia and apologies for the late reply. This just popped on my screen to reply to. Injured workers need a lawyer. Fighting alone against an insurance company, the insurance company lawyer, the employer, and the insurance company doctors is an impossible battle for an injured employee. The insurance company will schedule FCE, functional capacity evals, which are not allowed. The adjuster will schedule neuropsych evals which are not allowed. Insurance doctors will blame ongoing pain and limitations on pre-existing arthritis even though the patient had no prior issues. I am glad to lead the way and will fight the insurance companies with my experts and my trial experience.Jim Hoffmann
This is a very good lawyer for St. Louis workers compensation cases.
Response from the owner: Thank you Sofia. A work comp insurer refused to pay for medical care that was ordered per a trial award I won for an injured client. I then went back to court for a second trial and the court "commuted" the future medical award to a lump sum of $800,000. These work comp adjusters simply don't care. Workers' compensation attorneys need to hire experts and go to trial so a message is sent.God bless,James Hoffmann314 361 4300St. Louis, Mo work comp lawyer
He's my attorney he's real good I would highly recommend him
Response from the owner: Thank you John. As you now know, Missouri work comp can be a battle with insurance doctors trying to downplay your condition. We are fighting for you. Thank you for allowing me to be your workers compensation lawyer.James HoffmannSt. Louis, MO314 361 4300
Amazing attorney that gets results. I had a previous attorney that talked big, but opposing council were corporate attorneys and steamrolled him. I switched to Jim and he was no fear toe to toe with the corporate machine. Since getting Jim I am receiving medical treatment and weekly benefits I was previously denied!
Response from the owner: Glad we won the work comp hardship hearing and got medical/wage loss benefits reinstated. Very happy to be your St. Louis workers compensation lawyer. I appreciate your kind words. James Hoffmann
If you have filed a workers’ compensation claim due to an injury on the job and are being treated differently at work, contact the Law Office of James M. Hoffmann. We will explain your rights and help you pursue possible solutions.
Common Questions About Workplace Retaliation
Retaliation from an employer can come in many forms. The most obvious form is when an employee is terminated after filing their claim. Here are some common questions regarding retaliation from an employer:
- Can my employer fire me for filing a work comp claim? – No, an employer in Missouri is prohibited from firing an employee for filing a claim after a work injury.
- How can I prove I retaliated against you because I filed a work comp claim? – To win a case of workers compensation retaliation, you must typically be able to prove that you were entitled to receive workers comp benefits, that you filed your claim correctly, that you suffered adverse employment action, and that your employer was motivated by your claim to impose the adverse action.
- What actions by an employer are considered retaliation? – If after filing your work comp claim, you are demoted, have a change in position or responsibilities, your pay is lowered, or you receive unwarranted disciplinary actions, you may be the subject of employer retaliation.
- How do I know if my employer is retaliating against me? – Sometimes, it is hard to tell if your employer is retaliating against you. For instance, your employer’s demeanor may have changed toward you, or he or she may be harassing you. However, only changes that adversely affect your employment, such as demotion or termination, are retaliatory. You must talk to your supervisor or the human resource department if you suspect retaliation.
- What should I do if I feel I’m the subject of worker’s compensation retaliation? – If you are entitled to workers comp benefits due to a workplace injury and suffer employer retaliation, contact the Law Office of James M. Hoffmann. We will review your case and help you pursue possible solutions.
What is Protected Concerted Activity?
This is a legal term used in labor policy to help define employee protection against retaliation from their employer. According to the 1935 National Labor Relations Act, employees are not allowed to be fired, suspended, or penalized in other ways for participating in certain protected activities. Being injured at work and filing a workers comp claim is one such protected activity.
The law protects the worker from the following actions:
- Suspension
- Demoting
- Blacklisting
- Denying promotion or overtime
- Denying benefits
- Disciplining
- Failing to hire or rehire
- Intimidation
- Firing or laying off
- Reassignment to a less desirable position
- Making threats
- Reducing pay or hours
If your employer has engaged in any of the activities mentioned above in response to the safety violation report to have been made, contact the Law Office of James M. Hoffmann.
Workplace Retaliation Lawyer
If you are the victim of workplace retaliation by your employer due to filing a worker’s compensation claim, call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form.
When we take your case, we will make recovering benefits a top priority for you. We put decades of experience, a proven record of success, and a client-focused approach behind your workers’ compensation case. Our Missouri Workers’ Compensation Attorneys can provide the necessary information to make the right choices to receive the best medical care, benefits, and income.
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