Bautista-LeRoy Law Firm can assist if your employer has taken any actions against you as retaliation for filing a workers' compensation claim. Since 1990, our Kansas City Metropolitan Area clients have received excellent legal representation from our firm's personal injury law attorneys. Specializing in this area of law - over time our firm has gained vast knowledge and earned a great reputation by producing impressive results for our clients.

This article defines what workers' compensation retaliation is, explains Missouri and Kansas laws related to it, and provide methods for dealing with these situations.

What Is Workers' Comp Retaliation??

Retaliation against employees' occurs when an employer punishes an injured worker who filed a workers' comp claim. Unfortunately, such instances occur far too frequently, such behavior should never occur and is illegal. Employers often take various actions against employees such as demotion or termination, reduced hours as well as harassment and intimidation to deter others from filing claims against them.

What Are Missouri and Kansas Retaliation Statutes?

Missouri Revised Statutes 287.780 prohibits employers from engaging in any form of retaliatory behavior against employees who file official workers' comp claims. Any employee treated unfairly may bring legal action against their employer.

Kansas Statute 44-5,120 makes it unlawful for an employer to fire or discriminate against employees who file workers' compensation claims and allows those affected to bring a lawsuit to seek damages for unfair termination and punitive actions.

How to deal with employer retaliation when filing workers' compensation?

If your employer has taken any actions against you for filing a workers' comp claim, take immediate actions against them:

• Document Everything
• Keep Track of Changes
• Report the Retaliation
• Consult a Personal Injury Attorney

Why would hiring a personal injury attorney be beneficial?

• Personal injury attorneys have in-depth knowledge of state laws and will ensure you take necessary actions.
• Facing an employer's legal team can be daunting, having an attorney makes for more equal footing and shows your employer you mean business.
• Personal injury attorneys can assist in helping their clients receive maximum compensation, such as lost wages, mental distress, and punitive damages.

When is it best to consult an attorney?

Consult a personal injury attorney immediately if you suspect any form of retaliation from your employer. An attorney can offer guidance on how to document an incident and provide insight on the next steps. If you suspect an employer of engaging in unlawful retaliation and they have failed to respond appropriately to your complaints, seeking legal advice is key to reaching a positive resolution.

What criteria must be considered to select an efficient attorney?

• Experience: When hiring a personal injury attorney, choose one with extensive experience in handling cases involving workers' comp retaliation claims.
• Reputation: Assess an attorney's credibility by reading client reviews and past case results.
• Communication: Choose an attorney who provides clear communication and regular updates about the status of your case.

Why Choose Bautista LeRoy LLC?

Bautista LeRoy Law Firm takes great pride in offering compassionate and tailored legal assistance. Our attorneys have expertise in personal injury law and knowledge regarding possible retaliatory actions against employees filing workers' comp claims. At our firm, we take great care in listening and discussing any concerns or options for solutions before developing an approach that best addresses your case.

Suggested Action Steps

• Document any instances of retaliatory acts you've experienced.
• Educate yourself on your rights and state laws regarding workers' comp retaliation.
• Consult an experienced personal injury attorney on how best to address your circumstances and possible solutions.
• Should the situation arise, you can file your complaints with the applicable state agency.

Retaliation after filing a workers' compensation claim can create anxiety. Understanding your rights and choices will allow you to take precautionary measures for protection. Hiring an experienced personal injury attorney is key during this legal process. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.