Hi, I'm Hyemin with DM Injury Law. One question we hear a lot is Can my employer fire me for filing a workers' compensation claim? The short answer is no. Missouri law prohibits employers from firing or otherwise discriminating against an employee simply because they exercise their rights under the workers' compensation system. If an employer does retaliate against you for filing a claim, you may have the right to bring a lawsuit against them.
If a retaliation claim is successful, you may be able to recover damages such as lost wages. Future lost income if finding similar work becomes difficult, and in some cases, compensation for the emotional distress caused by the situation In serious cases where the employer's conduct was especially intentional or reckless, punitive damages may also be available. Now, employers rarely come out and say, "We fired you because you filed a workers' compensation claim." Usually they'll point to something else, like performance issues, company restructuring, or another reason. That's why the timing and circumstances surrounding the termination are so important.
If you had a good employment record before your injury, and then you're suddenly let go shortly after filing a claim, that can be an important sign that retaliation may have occurred. It's also important to understand that retaliation isn't limited to being fired. It can take many forms. Maybe your hours are cut. You're demoted. You're transferred to a less desirable position, or you're treated differently. After filing your claim, any adverse action tied to your workers' compensation claim could potentially be retaliation. If you think this is happening to you. There are a few important steps to take right away. First, document everything. Keep track of when you filed your claim, when any negative employment actions occurred, and any conversations you had with supervisors about your injury or workers' compensation case. Save emails, text messages. Send any other communications that could help tell your story. Second, don't sign any paperwork from your employer without talking to an attorney first.