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Posted in Workers' Compensation on June 23, 2016   |  by Gary Burger

Fired because of your Work Comp Claim

We represent individuals who have been fired because they have pursued workers compensation claims. Both Missouri and Illinois try to protect the rights of workers who have filed work comp claims or have been injured at work. Missouri and Illinois statutes state an employer cannot retaliate against an employee for pursuing his rights under the workers compensation laws or when injured on the job. However, some employers do not abide by these laws and retaliate against their employees. Sometimes employees get fired have, their hours changed, their shifts changed, etc. When this occurs, Burger Law works for our clients to enforce their rights. Yesterday we were in depositions much of the day in a case where a St. Louis employer terminated an employee for pursuing Illinois work comp claims. The employer had done that before and did it in this case. The jury instructions can sometimes make it difficult to recover because you have to prove that the exclusive reason for the termination was pursuing the workers compensation claim. But we have been successful in pursuing them.

In a ruling from April of 2014, the Missouri Supreme Court expanded the rights of injured workers pursuing workers' compensation claims by lowering the burden of proof placed on employees in retaliatory discharge cases. Learn more about the decision and what it means for your workers' compensation case by contacting a workers compensation lawyer from Burger Law by calling 314-542-2222 or completing our online contact form