Workers Compensation Retaliation Lawyer in Kansas City
Making a Claim for Workers Compensation Retaliation
When an employee is injured on the job, they are protected by worker’s compensation insurance. This insurance product is purchased by the employer to protect employees from injuries sustained while they are at work.
Employees are protected from all job injuries that occur at work, not only those that happen in an accident. Some injuries can occur as a result of the type of work performed or equipment used by the employee. These injuries are handled under worker’s compensation claims, just like accidental injuries.
Worker’s compensation pays for all of the employee’s medical costs related to the injury. This insurance program even replaces a portion of the wages lost by the employer if they cannot work during their recovery. If the injury requires long-term care, worker’s comp will cover those expenses as well.
Employers are required to purchase these policies as protection for their employees as well as their business. Business owners do not have to worry about large unexpected medical bills if an employee is injured, and employees have guaranteed medical care and wage compensation. It seems like a win-win situation.
So why does workers’ compensation retaliation take place?
A primary reason workers are retaliated against for reporting a work injury or making a worker’s compensation claim is that it has a detrimental effect on the employer’s business. Worker’s compensation claims can have many indirect costs to the employer, such as the costs of hiring a temporary or replacement worker to cover for the injured worker, increased costs of worker’s compensation insurance, disruptions to productivity and work schedules, costs of investigating the injury and taking remedial measures, and administrative time spend by staff members who handle the injury claim.
Sometimes employers believe it is easier and less costly to get rid of an injured worker rather than deal with the worker’s injury claim. Workplace retaliation does happen, and when it does, it is important to protect your rights and speak with a workers’ compensation retaliation Missouri lawyer.
What Is Considered Retaliation For Filing A Workers Compensation Claim?
When an employer takes a negative action against an employee for something that the employee has done legally, it is considered retaliation. Employer retaliation is not legal, and the actions they take against the employee can result in legal action.
Missouri workers’ compensation retaliation can take many forms. However, it has been the experience of our law firm that the following events are the most common forms of retaliation for workers’ compensation claim:
- Eliminating their position so that the employee cannot return to work, even if similar positions remain within the company
- Changing job duties to something that is not normally part of the employee’s job description
- Refusal for pay raises, promotions or other benefits that other employees receive
- Demoting, transferring, or otherwise downgrading job position for no legitimate reasons
- Cutting work hours or singling out the employee for a layoff
- Unlawful termination of employment
Other forms of retaliation can take place within the workplace. Employers may start harassing the employee or singling them out for issues, problems in the company, or continually make them the punch line of jokes. Making the employee feel bad about themselves or awkward in front of other employees is a form of harassment and retaliation.
If you find that you have become a victim of retaliation because you filed a workers’ compensation claim, it is important to protect your rights and speak with a Kansas City retaliation attorney about your case.Back To Top
Employer Retaliation Workers Compensation Claims
Making a claim against your employer for retaliation can be challenging. Your employer is not going to be open and honest about why they are acting this way towards you. They know that doing so would make a legal case much easier to prove. Instead, they typically try to find or create other excuses and reasons to cover for their retaliatory actions.
You will have to be able to prove the intent of these actions. This is where the challenge starts. Working with a workplace retaliation attorney, however, will make the process much easier. Your attorney will know how to find the information and evidence needed to prove your case.
Protect Your Rights
If you suspect that your employer is taking actions against you as retaliation for filing a workers’ compensation claim, you are encouraged not to post anything about the situation on social media. Social media may be a great way to stay in touch with family and friends, but it can be a very bad thing for lawsuits.
Posting negative things about your employer on social media before you speak to an attorney, or after you have started a lawsuit against them, can make you look hostile. Your employer can also sometimes use your own posts to corroborate the reasons they say they took action against you. It is better to leave everything that is happening to you off of social media.
If you must post anything on social media about what has happened, you are encouraged to keep it very vague. Do not make accusations, assumptions, or threats against your employer. Your attorney will give you advice on how to manage social media while your case is being reviewed and managed.
Contact A Kansas City Retaliation Lawyer About Your Claim Today
Having an attorney manage your retaliation case is a wise decision. These cases can be complex, and you will need the experience and legal resources of an employment attorney to get the evidence you need to make a retaliation claim.
Employers are required to carry workers’ compensation insurance to protect their employees if they are injured. They are prohibited from retaliating against employees because they reported a work injury or otherwise exercised their rights under the worker’s compensation laws.
If an employer retaliates against an employee for filing an injury claim or using workers comp to cover a work injury, they are potentially violating federal and state employment laws. Employees have protection from retaliation.
Retaliation against an employee can cause financial and non-economic damages against the employee. The employee may suffer a loss of income and may find their work reputation tarnished, making it more difficult to find other employment. The victim of retaliation has the right to seek compensation for these losses and damages.
If you have been a victim of employer retaliation, it is in your best interest to stand up for your rights and speak with an attorney. The only way to stop these types of actions from occurring in the workplace is to hold employers who practice retaliation accountable for their actions. You do not deserve to be treated unfairly simply because you were injured at work. Protect your rights, and speak to an attorney today.
Contact us today for a free and confidential consultation.
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Workers Compensation Retaliation
Injured workers shouldn’t lose their job because they reported a work injury. If you need someone to back you up, call a Kansas City worker’s compensation retaliation lawyer.
Why Choose Us
Kevin offers a free, no-obligation consultation to any person facing a legal problem. During your call, Kevin will review your situation, answer your questions, and inform you of your legal rights.
In his first decade of experience, Kevin has tried and argued more cases in court than most attorneys have in their entire careers.
When you hire Kevin, you get Kevin. Not a paralegal, case manager, or a lawyer fresh out of law school. Kevin limits the number of cases he takes so he can give his clients the attention they deserve.
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Kevin A. Jones offers a free, no-obligation consultation to any person facing a legal problem. During your call, Kevin will review your situation, answer your questions, and inform you of your legal rights.