How to Deal with Employer Retaliation When Filing for Workers’ Compensation in Columbia
Being injured at work is bad enough, but an unfortunate truth is that some employers make the situation worse by retaliating against workers who file for workers’ compensation benefits. Workers’ compensation is a no-fault system, which means that you do not have to prove that your employer was at fault for your injury to receive benefits.
However, in some cases, employers retaliate against employees for filing workers’ compensation claims. If this happens to you, a skilled workers’ compensation attorney could help you understand your rights and how to protect them.
Below is a brief overview of how to deal with employer retaliation when filing for workers’ compensation in Columbia.
What Is Employer Retaliation?
Employer retaliation is any action taken by an employer against an employee because the employee has filed a workers’ compensation claim. Retaliation can take many forms, but some common examples include:
- Firing or demoting the employee
- Reducing the employee’s hours or pay
- Intimidating or harassing the worker
- Refusing to give the employee a promotion
- Disciplining the worker without reason
- Providing unjustified negative references
- Assigning unreasonable performance targets or job duties
- Giving negative performance evaluations without cause
It is important to note that not all negative actions taken by an employer after an employee files a workers’ compensation claim will constitute retaliation. For instance, if an employer denies a workers’ compensation claim because it believes the injury was not work-related, this is not retaliation. Similarly, if an employer requires an employee to undergo a drug test after sustaining a work-related injury, this is also not considered retaliation. Hiring a seasoned attorney can help a person applying for worker’s comp benefits identify employer retaliation.
What Are Your Rights Under the Missouri Workers’ Compensation Law?
The Missouri Workers’ Compensation Law prohibits employer retaliation against workers who file workers’ compensation claims. If you have been the victim of employer retaliation, you may be entitled to file a claim against your employer. This can be done by filling out a workers’ compensation retaliation complaint form with the Missouri Division of Workers’ Compensation, which is available on the Division’s website.
If you believe that you have been the victim of employer retaliation, you should also consider consulting with an experienced workers’ compensation lawyer in Columbia. A skilled attorney can help you understand your rights and options under the law and can assist you in filing a workers’ compensation retaliation claim.
How Can a Columbia Workers’ Compensation Lawyer Help You?
If you believe that you have been the victim of employer retaliation, you should also consider consulting with an dedicated workers’ compensation lawyer in Columbia. Our legal representatives can help you understand your rights and options under the law and can assist you in filing a workers’ compensation retaliation claim.
Proving Retaliation
In order to prove retaliation, you will need evidence that your employer took a negative action against you because you filed a workers’ compensation claim. This can be difficult to do on your own, which is why it is important to consult with an experienced attorney to help you gather the necessary evidence and build a strong case to fight employer retaliation.
Contact Us Today to Speak with an Attorney About Your Case
If you sustained a workplace injury in Columbia, Missouri, you should be able to collect workers’ compensation without facing retribution from your employer. However, if your employer does retaliate against you, it is important to understand your rights and how to protect them.
Our experienced lawyers can assist you in filing a claim and help you understand how to deal with employer retaliation when filing for workers’ compensation in Columbia. To learn more about how our lawyers can help, contact us today for a free consultation.