Workers Compensation Retaliation – Employer Retaliation – St. Louis Work Comp
An employee that is 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’ comp claim, he or she 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 due to filing the claim. However, in Missouri, the law prohibits an employee from discriminating against or discharging an employee for filing a workers compensation claim.
If you have filed a workers compensation claim due to an injury on the job and are being treated differently at work as a result, contact the Law Office of James M. Hoffmann. We will explain your rights and will 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 his or her claim. Here are some common questions regarding retaliation from an employer:
- Can my employer fire me for filing a work comp claim? – No, in Missouri an employer is prohibited from firing an employee for filing a claim after a work injury.
- How can I prove that I was retaliated against because of filing a work comp claim? – In order 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 disciplinary actions that are unwarranted, you may be the subject of employer retaliation.
- How do I know if my employer is retaliating against me? – In some cases it is hard to tell if your employer is retaliating against you. For instance, your employer’s demeanor may have changed towards you or he or she may be harassing you. However, only changes that adversely affect your employment, such as demotion or termination, are retaliatory. If you suspect retaliation, it is important that you talk to your supervisor or the human resource department.
- What should I do if I feel I’m the subject of workers compensation retaliation? – If you are entitled to workers comp benefits due to a workplace injury and you suffer employer retaliation as a result, 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 that is 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 as a result is one such protected activity.
The law protects the worker from the following actions:
- Denying promotion or overtime
- Denying benefits
- Failing to hire or rehire
- 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 above mentioned actions in response to the safety violation report to have 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 workers 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 make recovering benefits for you our priority, and 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 you with the necessary information to make the right choices so that you can receive the best medical care, benefits and income.