Missouri workers’ compensation law protects employees who have filed for compensation after a workplace accident. It is illegal for employers to fire, demote, or poorly treat an employee for filing a workers’ compensation claim. However, some employers may try to find a “loophole” in these laws by claiming that their actions were not retaliation, but instead for something else. Some examples of acts of employer retaliation aside from termination and demotion include…

  • Assigning undesirable tasks/projects.
  • Scrutinizing work and attendance more closely than other employees.
  • Exclusion from meetings and emails.
  • Verbal abuse or threats.
  • Cutting down hours or scheduling unreasonable hours.
  • Negative evaluations.
  • Attempts to block a protected action.
  • Making false reports.
  • Frequent work-related reprimands.
  • Transfers to undesirable work locations.
  • Removing supervisory responsibilities.
  • Refusing reasonable requests.

How can you prove that your employer is impeding your employee rights? What can you do to help yourself?

First things first: you’re going to need an experienced workers’ compensation attorney in your corner.

How Can I Prove Employer Retaliation?

 

In a legal context, employer retaliation is defined as an act against protected actions – such as an employee filing a workers’ compensation claim. In order to have an employer retaliation case, the following elements must be present.

  • The employer took a materially adverse action, such as firing or demoting the employee without rational cause, or creating a hostile work environment.
  • Retaliation was the cause of the adverse action.

Proving that the adverse action of the employer was enacted because of the employee reporting their workplace accidentis the tricky part – which is why you’ll need a skilled lawyer on your side. In most cases, the key is comparing the employer’s treatment of the employee before and after the compensation claim was submitted. Your lawyer can put together a timeline of events to help prove your case.

If the retaliation was in the form of creating a hostile work environment, your attorney can use evidence such as correspondence or eyewitness testimony.

What Can I Do?

 

If your employer tries to “punish” you for pursuing your legal right to workers’s compensation after a workplace injury, the most common course of action is to file a lawsuit. When you contact and hire a legal professional, your odds of winning that lawsuit drastically increase. Your attorney will…

  • File a lawsuit on your behalf.
  • Ensure that all of the appropriate legal forms are filled out correctly and submitted by deadlines.
  • Fight for the settlement you deserve.
  • Go through your claim with you and strengthen it.
  • Gather and present admissible evidence.
  • Guide you through the legal process.

If you suspect that you may be a victim of employer retaliation, contact us as soon as possible to schedule your free initial consultation. At your legal consultation, you will receive free legal advice from an experienced personal injury attorney in Columbia, Missouri. When you hire The Hines & Wilson Law Firm, your case is in good hands.