Retaliation for Filing Workers' Comp in Missouri
Whether an employer in Missouri can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not fire or discriminate against an employee for exercising rights under the workers' compensation law when that is the motivating factor in the firing or discrimination. RSMo § 287.780
| Retaliation for filing | An employer may not fire or discriminate against an employee for exercising rights under the workers' compensation law when that is the motivating factor in the firing or discrimination. An employee treated that way may file a civil lawsuit for damages against the employer. Source: RSMo § 287.780 |
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| Appealing a denial | A worker may ask for a pre-hearing, mediation, a hardship hearing (for medical treatment or temporary benefits) or a final hearing before an administrative law judge. An award by the judge can be appealed by filing an Application for Review with the Labor and Industrial Relations Commission within 20 days of the award. A final Commission award can be appealed to the Missouri Court of Appeals within 30 days; the court reviews only legal issues and does not hold a new trial. An approved settlement cannot be appealed. Statutes: https://revisor.mo.gov/main/OneSection.aspx?section=287.480 and https://revisor.mo.gov/main/OneSection.aspx?section=287.495 Source: RSMo §§ 287.480, 287.495 |
Where to get help in Missouri
More Missouri workers' compensation
- Filing a Workers' Comp Claim in Missouri
- How Much Workers' Comp Pays in Missouri
- Workers' Comp Settlements in Missouri
- Suing Over a Work Injury in Missouri
- Appealing a Denied Workers' Comp Claim in Missouri
- All Missouri workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Missouri?
An employer may not fire or discriminate against an employee for exercising rights under the workers' compensation law when that is the motivating factor in the firing or discrimination. An employee treated that way may file a civil lawsuit for damages against the employer.
How do you appeal a denied workers' comp claim in Missouri?
A worker may ask for a pre-hearing, mediation, a hardship hearing (for medical treatment or temporary benefits) or a final hearing before an administrative law judge. An award by the judge can be appealed by filing an Application for Review with the Labor and Industrial Relations Commission within 20 days of the award. A final Commission award can be appealed to the Missouri Court of Appeals within 30 days; the court reviews only legal issues and does not hold a new trial. An approved settlement cannot be appealed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.