Can I be fired for filing a workers’ compensation claim?
In Missouri, the answer is no. The Missouri Supreme Court recently ruled that employer’s cannot fire an employee who filed a workers’ compensation claim, even if the employee’s injury or pursuit of the claim was only part of the reason for the firing. This case reverses years of caselaw holding that the only way for an employee to successfully sue an employer for firing them over a workers’ compensation claim is for the employee to prove the workers’ compensation claim was the only reason the employee was fired. Or, it was the “sole cause” of the firing. As you can imagine, that is a very high burden to meet. Now, a retaliation suit against employers can be successful if the firing can be based on the workers’ compensation claim among other factors, such as job performance, absenteeism, etc.
Call our experienced St. Joseph Personal Injury Attorneys today!