Workers' Compensation Retaliation

Missouri law protects employees who are injured on the job and seek workers’ compensation benefits. Unfortunately, many employers respond to workplace injuries not with support — but with retaliation.

Workers’ compensation retaliation occurs when an employer punishes an employee for reporting an injury, filing a workers’ compensation claim, or asserting their legal rights after being hurt at work. This retaliation is unlawful, and employees have the right to pursue legal action when it happens.

At Baldwin & Vernon Trial Attorneys, we represent employees in Kansas City and throughout Missouri and Kansas who were fired, disciplined, or pushed out after filing workers’ compensation claims. Our practice is focused on employment litigation and real courtroom experience — because employers who retaliate often deny wrongdoing until they are forced to answer for it.

What Is Workers’ Compensation Retaliation?

Workers’ compensation retaliation happens when an employer takes adverse action against an employee because they:

• Reported a workplace injury

• Filed a workers’ compensation claim

• Requested medical treatment for a job-related injury

• Missed work due to an approved work-related injury

• Asserted rights under Missouri workers’ compensation laws

Retaliation is illegal even if the employer claims the action was taken for “performance,” “attendance,” or “business reasons.” When those reasons are a pretext for punishment, the law allows employees to hold employers accountable.

Common Forms of Workers’ Compensation Retaliation

Retaliation does not always look the same. In many cases, it begins subtly and escalates over time. Common examples include:

• Termination shortly after filing a workers’ compensation claim

• Sudden disciplinary write-ups or negative performance reviews

• Demotion, reduction in hours, or loss of job duties

• Hostile treatment or pressure to quit

• Refusal to accommodate medical restrictions

• Being replaced while on injury-related leave

Employers often attempt to disguise retaliation as routine management decisions. Our job is to expose the real motivation behind those actions.

Missouri Workers’ Compensation Retaliation Laws

Missouri law prohibits employers from discharging or discriminating against employees for exercising their rights under the workers’ compensation system. Employees who experience retaliation may be entitled to damages beyond workers’ compensation benefits — including lost wages and other compensation through a civil lawsuit.

These cases are fact-intensive and often depend on timing, documentation, witness testimony, and employer conduct before and after the injury. That is why trial-ready preparation matters.

Our firm handles workers’ compensation retaliation claims as employment litigation, not administrative paperwork — with the expectation that the case may ultimately be decided in court.

Proving Workers’ Compensation Retaliation

To succeed in a retaliation claim, it is often necessary to show that:

• The employee engaged in protected activity (filing or pursuing workers’ compensation)

• The employer took adverse action against the employee

• There is a causal connection between the protected activity and the employer’s action

We work with clients to gather evidence, identify inconsistencies in the employer’s explanation, and build a clear narrative that can stand up to cross-examination and jury scrutiny.

Why Trial Experience Matters in Retaliation Cases

Employers and insurance carriers often assume retaliation cases will never reach a courtroom. That assumption shapes how they defend claims — and how seriously they take employees’ allegations.

At Baldwin & Vernon Trial Attorneys, we approach workers’ compensation retaliation cases with a litigation-first mindset. We prepare cases as if they will be tried, because that preparation creates leverage, accountability, and results.

If you were fired, disciplined, or pushed out after filing a workers’ compensation claim, you may have legal options beyond the workers’ compensation system.

Baldwin & Vernon Trial Attorneys represents employees across Kansas City and Missouri who were retaliated against for asserting their rights after a workplace injury.