What the 2017 Missouri Law Says About Retaliation
In Missouri, the 2017 amendments to the Workers' Compensation Act clarified that employers cannot take adverse action against an employee for filing a workers' compensation claim. Retaliatory acts include firing, demotion, harassment, or any change in employment conditions that would deter an employee from seeking medical treatment or reporting an injury.
More from this site
Keep reading the latest coverage
Employer Responsibilities Under the Statute
Employers must:
- provide a safe workplace;
- allow employees to report injuries without fear;
- maintain documentation of injury and treatment;
- avoid any punitive measures tied to the claim.
Employee Protections and Recourse
If retaliation occurs, the employee can file a complaint with the Missouri Division of Industrial Relations. The Division will investigate and, if evidence supports retaliation, may order reinstatement, back pay, and damages. Employees are advised to keep written records of all interactions, medical reports, and any changes in employment status.
Common Retaliatory Scenarios
Examples of retaliation that trigger legal action include:
- Firing or demoting after a claim is filed;
- Reducing hours or assigning undesirable tasks;
- Issuing performance reviews that are unreasonably harsh.
Steps to File a Retaliation Claim
1. Document the Incident: Record dates, times, statements, and any witnesses. 2. Submit a Workers' Compensation Claim through the employer's insurer. 3. File a Retaliation Complaint with the Division within 90 days of the retaliatory act. 4. Cooperate with the Investigation by providing requested evidence. 5. Attend Mediation or Hearing if the Division schedules one.
Potential Outcomes
Successful retaliation claims can result in:
- Reinstatement to previous position;
- Back pay for lost wages;
- Compensation for punitive damages; and
- Corrective actions to prevent future retaliation.
Preventing Retaliation in the Workplace
Employers should implement clear anti-retaliation policies, train managers on lawful conduct, and establish confidential reporting mechanisms. Employees should be aware of their rights and seek legal counsel if they suspect retaliation.
Key Resources
For more information, visit the Missouri Division of Industrial Relations website or consult a workers' compensation attorney experienced in Missouri law.