Can My Employer Retaliate From A Workers Comp Claim

Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri

Kara McNabb • January 22, 2025

Workers’ compensation is a vital protection for employees who are injured on the job. In Missouri, employees who sustain injuries in the workplace are generally entitled to compensation for medical expenses, lost wages, and rehabilitation. However, many employees wonder whether filing a workers' compensation claim could result in retaliation from their employer. In this blog post, we’ll discuss the legal protections available to workers in Missouri against retaliation after filing a workers' compensation claim and what steps employees can take if they believe they’ve been retaliated against.



What is Retaliation in the Context of Workers’ Compensation?

Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, such as filing a workers' compensation claim. Adverse actions may include things like:

  • Termination
  • Demotion
  • Reduction in pay or hours
  • Harassment or mistreatment
  • Disciplinary action or unfavorable performance evaluations


Employees are legally protected from retaliation under both Missouri law and federal law, which aim to ensure that employees can seek the benefits they are entitled to without fear of losing their job or facing other negative consequences.



Missouri Workers' Compensation Law and Retaliation

Under Missouri law, workers' compensation is a no-fault system. This means that employees who are injured on the job don’t need to prove that their employer was negligent to receive benefits. In exchange, employees give up the right to sue their employer for personal injury. However, this does not mean that employees give up all rights, particularly when it comes to protecting themselves from retaliation.


Missouri law specifically prohibits employers from retaliating against employees for filing a workers’ compensation claim. According to Missouri Revised Statutes Section 287.780, it is illegal for an employer to fire, threaten, or otherwise retaliate against an employee for filing a workers' compensation claim or for testifying in a workers' compensation proceeding. The law states that an employee’s decision to file a claim or participate in a workers’ compensation case is a protected activity.



How Can Employees Prove Retaliation?

If an employee suspects that their employer has retaliated against them for filing a workers’ compensation claim, they must demonstrate that the employer's action was directly linked to the claim. While retaliation can be difficult to prove, employees may use the following types of evidence to support their claim:

  1. Timing of the Adverse Action: If an employer takes adverse action (such as termination or demotion) shortly after an employee files a workers' compensation claim, the timing may suggest retaliation. While timing alone may not be enough to prove retaliation, it can be an important factor in building the case.
  2. Comparative Evidence: Employees may also demonstrate that others who did not file a workers' compensation claim or who did not have any similar issues were not subject to the same adverse action. For example, if an employee who filed a claim is suddenly demoted, but other employees in similar situations were not, this may suggest retaliation.
  3. Statements or Documentation: Statements made by the employer or management that show hostility toward the workers' compensation claim can be strong evidence of retaliation. Documentation such as emails, memos, or performance evaluations that specifically reference the claim or injury may also be useful.
  4. Changes in Job Conditions: If an employee’s job conditions change drastically after filing a workers' compensation claim, such as being assigned to less favorable tasks or being placed on leave, this can be an indication of retaliation.


What Are the Legal Protections for Employees?

If an employee believes they have been retaliated against for filing a workers' compensation claim in Missouri, they have legal recourse. Employees can file a retaliation lawsuit against their employer for wrongful termination or other forms of retaliation. In these cases, the employee can seek remedies such as:

  • Reinstatement to their position
  • Back pay (for lost wages)
  • Compensation for emotional distress or other damages
  • Attorneys' fees and costs associated with the retaliation claim

Additionally, an employee may file a complaint with the Missouri Division of Workers’ Compensation. The division handles workers' compensation claims and can investigate complaints of retaliation. While the Division may not directly intervene in retaliation cases, an employee can seek advice and resources from the agency for the next steps.



Can an Employer Defend Against a Retaliation Claim?

Employers can defend against a retaliation claim by proving that the adverse action taken was based on legitimate, non-retaliatory reasons. For example, an employer may argue that an employee was terminated for poor performance, business reasons, or violations of company policies unrelated to the workers' compensation claim. If the employer can provide clear evidence that the action taken was unrelated to the claim, it may defeat the retaliation claim.

However, employers cannot simply use these defenses without showing concrete evidence. If the employee can establish that the real reason for the adverse action was the filing of the claim, the defense will likely fail.



Steps to Take If You Believe You’re a Victim of Retaliation

If you believe your employer has retaliated against you for filing a workers' compensation claim, it’s important to take action promptly. Here are the steps you should follow:

  1. Document Everything: Keep detailed records of the adverse actions taken by your employer, including dates, times, and any communications related to your workers' compensation claim and your job. Collect emails, performance reviews, and any other documents that might show retaliation.
  2. Consult with an Attorney: Consult with an experienced workers' compensation attorney or employment lawyer who can help you understand your rights and determine the best course of action. An attorney can help you gather evidence, evaluate your claim, and file a lawsuit if necessary.
  3. File a Complaint: If you believe your employer’s actions were retaliatory, you may file a complaint with the Missouri Division of Workers’ Compensation or the Equal Employment Opportunity Commission (EEOC) if you suspect other violations of employment law occurred alongside retaliation.
  4. Consider Legal Action: In some cases, legal action may be necessary to resolve the retaliation claim. If you have been terminated or otherwise retaliated against for filing a workers’ compensation claim, an experienced attorney can help you pursue a lawsuit for wrongful termination or retaliation.



Conclusion

Retaliation for filing a workers' compensation claim is illegal in Missouri. Employees have the right to seek workers' compensation benefits without the fear of being punished or discriminated against by their employer. If you believe you’ve been retaliated against for filing a workers' compensation claim, it’s crucial to seek legal advice to protect your rights and hold your employer accountable.


If you are facing retaliation in the workplace, contact our office for a consultation. Daniel Finder at Finder Law, LLC has over a decade of experience in worker’s compensation law and fight for your fair treatment. We’re here to help you navigate your rights and ensure you receive the compensation and protection you deserve.


Call now.

This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.

July 1, 2026
A DWI (Driving While Intoxicated) charge in Missouri is not just another traffic ticket—it’s a serious criminal offense that can impact your freedom, your finances, and your future. Many people underestimate how complex DWI cases can be, and making the wrong decision early on can have lasting consequences. If you’ve been charged with DWI in Missouri, hiring an experienced attorney is one of the most important steps you can take.
June 24, 2026
Real estate issues are some of the most common—and often most contentious—civil matters in Missouri. Whether you’re a homeowner, landlord, tenant, buyer, or seller, disputes involving property can arise quickly and escalate if not handled properly. Understanding the most common types of real estate cases in Missouri can help you recognize potential problems early and protect your rights.
June 17, 2026
Retirement accounts are often one of the most valuable assets in a marriage—sometimes even more valuable than the family home. When a divorce occurs in Missouri, properly dividing these accounts is critical to ensuring a fair outcome and avoiding costly tax consequences. If you’re going through a divorce, understanding how retirement assets are handled can help you protect your financial future.
June 10, 2026
When it comes to estate planning in Missouri, one of the most common questions people ask is: Should I have a will, a trust, or both? The answer depends on your goals, your assets, and how much control you want over what happens after you pass away. Understanding the key differences—and advantages—can help you make the right decision for your situation.
June 3, 2026
Probation is often seen as a second chance—a way to avoid jail time while meeting certain court-ordered conditions. But in Missouri, violating probation can quickly put you back in front of a judge and at risk of serious consequences. If you’ve been accused of violating probation, understanding your rights and acting quickly can make a significant difference in the outcome of your case.
May 27, 2026
Divorce is rarely just about dividing assets—it often involves complex emotional and personal issues. In Missouri, one question that frequently arises is whether a spouse’s behavior during the marriage can impact the outcome of the divorce. The short answer: yes, but only in specific ways. Missouri courts may consider “marital misconduct,” but it doesn’t automatically control the outcome of your case.
By Alyssa Finder May 27, 2026
Property survey disputes are a frequent source of conflict between neighbors and can quickly turn into costly legal battles if not handled correctly. In Missouri, survey discrepancies often arise when property lines are unclear, outdated surveys conflict with newer measurements, or improvements are built too close—or directly over—a boundary line. Understanding how Missouri law treats survey disputes can help property owners protect their rights and avoid unnecessary litigation. What Is a Survey Dispute? A survey dispute occurs when two or more parties disagree about the location of a property boundary. This may happen when: Surveys show different boundary lines A fence, driveway, or structure appears to encroach on neighboring property A new survey contradicts long-standing assumptions about property lines Property descriptions in deeds are vague, inconsistent, or outdated Missouri courts rely heavily on licensed land surveys , legal descriptions, and historical records when resolving these disputes. Common Causes of Survey Discrepancies in Missouri Outdated or Inaccurate Surveys Older surveys may have been conducted using less precise equipment or incomplete records. When a modern survey reveals discrepancies, property owners may be surprised to learn that improvements were built partially on a neighboring lot. Conflicting Deed Descriptions Legal descriptions in deeds sometimes contain errors, ambiguous language, or conflicting measurements. These inconsistencies can create confusion about true boundary lines, especially in older neighborhoods or rural properties. Encroachments Encroachments occur when a structure—such as a fence, garage, or retaining wall—extends beyond a property line. Even minor encroachments can trigger legal disputes, particularly when property is sold or refinanced. Adverse Possession and Boundary by Acquiescence In some Missouri cases, long-term use of property can affect ownership rights. If a neighbor has openly and continuously used land for a statutory period, they may attempt to claim ownership through adverse possession or boundary by acquiescence . These claims are highly fact-specific and often require litigation to resolve. Easement and Right-of-Way Conflicts Survey disputes may also involve easements for utilities, access roads, or shared driveways. A survey may reveal an easement that restricts how property can be used, leading to disagreements between neighbors or property owners. How Missouri Courts Resolve Survey Disputes Missouri courts consider several factors when determining property boundaries, including: Professional surveys prepared by licensed Missouri surveyors Recorded plats and subdivision maps Deed language and chain of title Physical markers, monuments, and historical usage Testimony from surveyors and expert witnesses Because survey disputes often involve technical evidence, legal representation is critical. Your Legal Options in a Missouri Survey Dispute Depending on the circumstances, your legal options may include: Obtaining a new or corrective survey Sending a formal legal demand to resolve the dispute Negotiating a boundary agreement with a neighbor Filing a quiet title action to establish ownership Seeking injunctive relief or damages for encroachments An experienced attorney can evaluate whether litigation is necessary or if the matter can be resolved through negotiation or mediation. Protect Your Property Rights with Experienced Legal Counsel Survey disputes can delay property sales, reduce property value, and create long-term tension between neighbors. Addressing discrepancies early and correctly can save time, money, and stress. If you are dealing with a property line dispute or survey discrepancy in Missouri, contact Daniel Finder at Finder Law, LLC for experienced legal representation. A knowledgeable attorney can help clarify your rights and pursue a resolution that protects your investment.
May 20, 2026
Head-on collisions are among the most dangerous types of car accidents on Missouri roads. These crashes often result in severe injuries, extensive property damage, and, tragically, fatalities. If you or a loved one has been involved in a head-on crash, understanding your legal rights is critical. This guide explains how head-on collisions happen, who may be at fault under Missouri law, and what steps you should take to protect your claim.
By Alyssa Finder May 20, 2026
Facing a “no license” or “failure to register” ticket in Missouri can be frustrating—especially when you actually are licensed or registered, but didn’t have the proof in the vehicle. Here’s how to protect yourself and your driving record. Understanding These Missouri Charges Missouri law requires you both to have a valid driver’s license and to comply with registration and plate requirements for your vehicle. Common situations include: You have a valid driver’s license, but it was not physically on you when stopped. The car is properly titled and registered, but the paperwork or plate information was missing, outdated, or not in the vehicle. Courts and prosecutors often treat “no license on person” or technical registration issues less harshly than truly driving unlicensed or failing to register at all, especially if you can quickly show proof that you were actually in compliance. What to Do After You Get the Ticket If you receive a citation but you actually had a valid license or registration at the time: Locate your proof immediately Find your valid Missouri driver’s license or renewal record. Find your current registration, title, or renewal documents showing the vehicle was properly registered. Fix any lingering issues fast If something really was expired or late, get it renewed or corrected before your court date. Keep receipts and confirmations, and bring copies with you. Bring proof to court (or to your attorney) Many Missouri courts will dismiss or reduce “no license on person” or minor registration charges if you can show that: You had a valid license at the time of the stop, or The vehicle is now properly registered and compliant. Do not just plead guilty online Even if a charge looks minor, paying it online may create a record or points that could have been avoided if the ticket had been dismissed or amended. Possible Outcomes When You Show Proof When you can prove you were actually licensed or properly registered, common outcomes in Missouri courts may include: Dismissal of the charge upon showing proof of a valid license or corrected registration. Reduction to a lesser or non-moving violation, which can help avoid points and insurance increases. Payment of court costs only, even if the citation itself is dismissed. Exact results depend on the specific court, judge, and prosecutor, as well as your prior record, but having a lawyer present your documentation often improves your chances. Why It Still Makes Sense to Talk to an Attorney Even a “technical” ticket can have consequences if handled the wrong way. A Missouri traffic attorney can: Review your ticket, driving record, and registration history for problems or defenses. Contact the prosecutor to show proof of compliance and negotiate dismissal or reduction. Help you avoid unnecessary points, fines, or a record that could affect insurance and employment. For repeat issues—or if there’s any question about whether your license or registration were actually valid—legal help is especially important because penalties can escalate to higher-level misdemeanors. Call Finder Law, LLC for Help With Missouri License and Registration Tickets If you’ve been cited in Missouri for failure to register or driving without a license when your real issue was that the paperwork or license wasn’t in the vehicle, you may have more options than you think. Finder Law, LLC can help you gather the right proof, communicate with the court, and work toward dismissal or reduction of the charges. Call Daniel Finder at Finder Law, LLC today to discuss your ticket, your documentation, and the best way to protect your record and your driving privileges.
May 13, 2026
A wreck at Eastbound I-70 at the 96.2 mile marker occurred in Cooper County the morning of May 13, 2026. A 2017 Freightliner Cascadia, driven by a 35-year-old man from Independence, ran off the left side of the roadway. The driver overcorrected and hit a 2024 Freightliner Cascadia, driven by a 42-year-old Garden City man and ran off the right side of the road. The 2017 Cascadia then crossed the road and overturned. The Independence man was transported to University Hospital by ambulance with moderate injuries. Collisions involving two semi-trucks can result in some of the most dangerous and catastrophic accidents on the road. When one commercial truck crashes into another, the force of the impact can lead to multi-vehicle pileups, overturned trailers, spilled cargo, fires, and severe roadway hazards for everyone nearby. These accidents are often caused by driver fatigue, speeding, distracted driving, unsafe lane changes, poor weather conditions, or violations of federal trucking safety regulations. Because semi-truck crashes frequently involve multiple trucking companies, insurance carriers, and complex liability issues, investigating these accidents requires experienced legal representation. If you or a loved one has been injured in an accident involving two semi-trucks, contact Daniel Finder at Finder Law LLC today. An experienced personal injury attorney can help investigate the crash, determine who is responsible, and fight for the compensation you deserve for medical expenses, lost income, pain and suffering, and other damages. All facts are based on preliminary reports from the Missouri State Highway Patrol.