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Workers' Compensation Retaliation

It is an unfortunate situation when you are injured at work. Not only are you dealing with your injury and medical care, but often you are missing work also. If you have been injured at work, St. Louis attorney Ryan Furniss works with workers’ compensation attorneys to maximize your recovery for workplace injuries. The stress related to a workers’ compensation injury can be compounded when your employer is retaliating against you. Workers’ compensation claims cost the employer money and productivity. As a result, some employers get upset with injured employees. If you have been injured at work and/or are facing retaliation of any kind after a workers’ compensation claim, contact The Furniss Law Firm for a free consultation.

Missouri Workers’ Compensation Retaliation

Missouri law has recently changed with respect to Workers’ Compensation Retaliation. Previously, an employee had to show that the workers’ compensation was the exclusive cause of your termination. This was practically an impossible burden on employees to show and gave nearly free reign to employers to discriminate against their injured workers. The Missouri Supreme Court in the Templemire decision has made it easier for an injured worker to prevail on a retaliation claim. Under Missouri law, if your workers’ compensation claim contributed to your termination, you may be able to recover damages associated with your termination including:

  • Lost Wages and Benefits
  • Emotional Distress
  • Punitive Damages
  • Attorneys’ Fees

Illinois Workers’ Compensation Retaliation

In Kelsay v. Motorola, 384 N.E.2d 353 (Ill. 1978), the Illinois Supreme Court first recognized the tort of retaliatory discharge as an exception to the at-will employment doctrine. The elements of a retaliatory discharge case have been clearly established:

  1. the employer discharged the employee,
  2. in retaliation for the employee's activities, and
  3. that the discharge violates a clear mandate of public policy.

Turner v. Mem'l Med. Ctr., 911 N.E.2d 369, 374 (Ill. 2009). Similarly, you may be able to recover the following damages for your wrongful discharge:

  • Lost Wages and Benefits
  • Emotional Distress
  • Punitive Damages
  • Attorneys’ Fees

Help From an Experienced St. Louis Employment Attorney

If you believe that you suffered retaliation as the result of a workers' compensation claim, contact attorney Ryan Furniss for a free consultation about your rights. The Furniss Law Firm represents employees throughout the St. Louis metropolitan area and Metro-East, the Kansas City metropolitan area, outstate Missouri, the Chicago metropolitan area, and downstate Illinois.

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