Yes. Under Missouri law, a workers’ compensation retaliation claim is independent of whether your underlying benefits claim succeeded. What matters is that you exercised a protected right — and that your employer punished you for it. If you have questions about your situation, speaking with a Kansas City workers’ compensation retaliation attorney is the right first step.
What Missouri Law Actually Protects
Missouri Revised Statutes § 287.780 prohibits employers from discharging or discriminating against employees for exercising rights under Chapter 287. That chapter covers workers’ compensation. The statute does not require that your claim result in a benefits award. It requires only that you exercised a protected right and that your employer took adverse action because of it.
Protected activities under § 287.780 include:
- Reporting a workplace injury to your employer
- Filing a workers’ compensation claim
- Seeking medical treatment for a work-related injury
- Cooperating with a workers’ compensation investigation
- Testifying in another employee’s workers’ compensation proceeding
If you did any of these things and your employer fired you, demoted you, cut your hours, or changed your working conditions, you may have a retaliation claim regardless of what happened with your benefits.
Why the Denial of Benefits Does Not Defeat Your Retaliation Claim
I see this misconception frequently. Clients assume that because their benefits claim was denied — by an insurer, an administrative law judge, or the Labor and Industrial Relations Commission — they have no further legal recourse. That is not correct under Missouri law.
The retaliation claim and the benefits claim are two separate legal actions. One asks whether you were injured at work and whether benefits are owed. The other asks whether your employer punished you for exercising your legal rights. A denial on the benefits side does not establish that you failed to exercise a protected right. It means the insurer or tribunal found insufficient evidence of compensable injury or coverage. Those are different questions entirely.
Missouri courts have recognized this distinction. In my experience, the denial of a workers’ comp claim can actually give an employer a false sense of security — leading them to believe the retaliation claim will go away on its own. It will not, and that confidence can work in your favor during litigation.
What You Must Prove in a § 287.780 Retaliation Case
The Core Elements
To prevail on a workers’ compensation retaliation claim in Missouri, you generally must establish:
- You were an employee of the defendant
- You exercised a right protected under Chapter 287
- Your employer discharged or discriminated against you
- The protected activity was a contributing factor in the adverse employment action
Missouri uses a “contributing factor” standard, not a strict but-for test. This means your workers’ compensation activity does not have to be the only reason for the termination. It needs to have played a role.
Temporal Proximity and Other Evidence
One of the most important pieces of evidence in these cases is timing. If your employer fires you two weeks after you report an injury, that timeline is meaningful. Courts and juries take notice of it. We also look at whether the employer’s stated reason for the termination is credible, whether other employees in similar situations were treated differently, and whether there were any internal communications — emails, performance reviews, HR notes — that connect your termination to your injury report.
Common Misconceptions About Retaliation Claims
“I Was Still in My Probationary Period”
Probationary employees are not excluded from § 287.780 protection. The statute applies to employees generally. If you were terminated during a probationary period shortly after reporting an injury, that fact pattern is worth examining.
“My Employer Said It Was a Layoff”
Layoffs happen. But I have handled cases where an employer called a termination a reduction in force and only one person was affected — the employee who had just filed a workers’ comp claim. When the math does not add up, we know how to build the case around the pattern and the timing.
“I Signed a Severance Agreement”
A severance agreement may limit your options, but it depends on what you signed, when you signed it, and whether the release was knowing and voluntary under Missouri law. Do not assume a release eliminates all your claims without having an attorney review it first.
How We Approach These Cases
In my practice, workers’ compensation retaliation cases often require building a factual record that the employer would rather not have examined closely. We send written discovery requests for personnel files, internal communications, and HR policies. We take depositions of supervisors and HR personnel. We look for inconsistencies between what the employer says and what the documents show.
Employers in Missouri are required to preserve employment records when litigation is reasonably anticipated. If you act quickly after a termination, that obligation attaches early and protects the evidence you need.
Missouri and Kansas City Resources
Missouri Department of Labor and Industrial Relations — Workers’ Compensation Division: The Division oversees workers’ compensation claims and enforcement in Missouri. It provides information on employee rights and claim procedures under Chapter 287.
Missouri Revised Statutes § 287.780 — Full Text: This is the controlling statute for workers’ compensation retaliation claims in Missouri. Reviewing the statutory language is a useful starting point for understanding what the law actually prohibits. Visit revisor.mo.gov.
Jackson County Circuit Court — Kansas City: Most workers’ compensation retaliation claims filed in the Kansas City area are litigated in Jackson County Circuit Court. The court’s website provides case filing information and docket access. Visit 16thcircuit.org.
Speak With a Kansas City Workers’ Compensation Retaliation Attorney
If you were fired or disciplined after reporting a workplace injury or filing a workers’ comp claim, contact Siro Smith Dickson PC for a free consultation. We handle workers’ compensation retaliation cases on a contingency basis — no fee unless we recover for you. Call (816) 471-4881 or use our contact form to get started.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.