Can my employer fire me while I’m on workers’ comp in Missouri or Kansas?

Can you be fired on workers’ comp?

No, your employer can’t legally fire you just because you filed a workers’ comp claim in Missouri or Kansas. But some employers try to disguise retaliation as layoffs, policy violations, or performance issues. If you were fired shortly after reporting your injury, it could be retaliation, and you might have legal options.

If you’ve been injured on the job, filing a workers’ compensation claim can feel like stepping into unknown territory. Alongside the stress of recovery, medical appointments, and limited income, you might also be worried about losing your job while on workers’ comp.

Here’s the truth, plain and simple:

• You can be fired while on workers’ comp in Missouri or Kansas if your employer has a legitimate business reason
• But it’s illegal to fire you just because you filed a workers’ comp claim

Unfortunately, figuring out whether your firing was unlawful isn’t always straightforward. Signs of employer retaliation following a workers’ comp claim are often subtle. And understanding whether your case meets the legal standard requires a careful review of documentation, timing, and employer behavior by an attorney.

At Phalen Law, we help injured workers in Missouri and Kansas navigate these complex situations with expert guidance based on 50 years’ experience and an intimate knowledge of workers’ comp law. With our support, you can better understand your rights, identify potential retaliation, and take the steps you need to protect yourself.

Book your free no-obligation consultation online today to make sure your voice is heard.

A quick overview of workers’ comp laws in Missouri and Kansas

Workers’ comp rights in Missouri

Missouri uses a no-fault system for workers’ compensation. That means you can make a claim and receive benefits without proving your employer’s negligence caused your injury.

At the same time, the law prohibits workers’ comp retaliation. Your employer can’t fire, demote, or discipline you just because you filed or pursued a workers’ comp claim.

However, Missouri law does recognize that your employer might have a legitimate business reason to terminate you that’s unrelated to your workplace injury.

What matters is the connection between the two: did your employer fire you because you made a claim?

That said, Missouri law gives you legal protection from being fired after a work injury during medical leave, under light-duty restrictions, and while you’re receiving temporary disability benefits.

If you believe you’ve suffered illegal termination for pursuing workers’ comp, you must file a retaliation claim under Missouri Revised Statutes §287.780 within two years.

The sooner you act, the easier it is to preserve evidence and witness testimony. And if you don’t file a workers’ comp retaliation claim within the time limit, you risk losing your right to take legal action.

Workers’ comp rights in Kansas

Kansas law similarly protects you from retaliation under the Kansas Workers’ Compensation Act.

Your employer can’t terminate, demote, or penalize you just because you filed a claim or took leave to recover from a work-related injury. But you can still be fired for a legitimate business reason.

You can file a Kansas workers’ comp retaliation claim under Kansas Statutes §44-501. And just like in Missouri, you have two years to file a workers’ comp lawsuit.

Legal reasons why you can be fired on workers’ comp

Not every termination that happens while you’re on workers’ compensation is illegal.

You can be fired while on workers’ comp in Missouri and Kansas for legitimate, documented reasons that have nothing to do with your injury or your claim.

Common reasons for termination while on workers’ comp include:

• Ongoing, verified performance problems predating the injury: This can include consistently missing deadlines, failing to meet production goals, documented disciplinary actions from before your injury, or multiple documented disciplinary issues
• Company-wide layoffs or financial downsizing: Your employer must show that your termination was part of a documented reduction affecting multiple employees, and that you weren’t targeted because of your claim
• Violations of company policy unrelated to the injury: Theft, harassment, or repeated safety violations with prior written warnings or documented steps followed are legitimate grounds for dismissal
• Loss of mandatory licenses or certifications required for the job: If you lose credentials such as a commercial driver’s license or nursing license, you might be legally unable to continue in your job role
• Misconduct or safety violations occurring after the injury: You can be fired for engaging in behavior that violates company rules or safety policies, as documented by supervisors after your injury occurred

Pretext vs legitimate reasons

The critical question is whether your employer’s stated reason is genuine or simply a pretext (a fake reason) for termination following a workplace injury.

Courts often come to a decision by looking at:

• Timing of the termination in relation to your workers’ comp claim
• Consistency in applying company policies to all employees
• Documentation supporting the employer’s stated reason
• Treatment of other employees in similar situations

Determining whether you were legally fired while on workers’ comp in Missouri or Kansas involves an extensive review of performance records, internal communications, and disciplinary documentation. Pretext can be difficult to spot, but courts are attentive to patterns and inconsistencies in company practice.

You can also get in touch with the trusted workers’ comp attorneys at Phalen Law for help in building a powerful case in defense of your unfair dismissal.

Retaliation red flags: Signs you were fired because of your workers’ comp claim

When the timing feels suspicious

If you’re fired days or weeks after reporting a work injury or submitting a workers’ comp claim, the timing alone can raise serious concerns.

Missouri and Kansas courts often treat tight timing as circumstantial evidence of retaliation, especially when your employer can’t prove a legitimate business reason.

Sudden criticism you’ve never faced before

Some workers experience a shift from years of stable performance to abrupt write-ups after their injury.

When your reviews change without new problems, or when supervisors start aggressively documenting minor issues, it can be an effort to build a paper trail to justify your unfair termination.

Pressure not to report your injury

If your supervisor hints that filing a claim will “cause problems”, asks you to use sick time instead, or suggests you keep your injury quiet, that’s a major red flag.

Both Missouri and Kansas explicitly forbid employers from discouraging injury reporting. And courts often view this behavior as evidence of retaliatory intent.

Being singled out or treated differently

Retaliation often shows up as inconsistent treatment compared to your coworkers.

If others with similar absences, restrictions, or job duties were allowed to return to work while you’re punished or isolated, that’s grounds for a claim.

Disregard for your medical limits

If your employer mocks your doctor’s restrictions, gives you tasks you physically can’t perform, or suggests you’re exaggerating your pain, that behavior often comes before an unlawful firing.

Employers must honor medical restrictions tied to a work injury. Ignoring them is frequently linked to retaliation.

Your job suddenly “disappears”

Sometimes employers claim that your position was eliminated, only for the role to reappear shortly after you’re gone.

If someone else steps into your role or you see your “eliminated” job posted online, it can prove that it was just a cover for firing you.

Being pushed into full duty before you’re ready

If your employer insists you return to full-duty work despite light-duty restrictions, it can signal impatience with your recovery and a desire to push you out.

Pressuring you to ignore your doctor’s orders or threatening discipline for following medical advice is often associated with later retaliatory termination.

Can you sue your employer for workers’ comp retaliation?

Missouri workers’ comp retaliation law

Under section 287.780, you can file a civil retaliation claim in Missouri if your firing was connected to filing or pursuing a workers’ comp claim.

To evaluate the legality of such cases, courts look at three core questions:

• Were you carrying out protected activity like reporting an injury or filing a claim?
• Were you terminated or disciplined after doing so?
• Are these two events directly connected?

The courts will then examine timing, supervisor statements, documentation inconsistencies, and testimonies from coworkers who noticed changes in your treatment after your injury.

It’s highly unlikely that your employer will admit retaliation openly. So even small contradictions can have a big impact on your case.

Kansas workers’ comp retaliation law

You’re also protected under Kansas law from being fired, demoted, or punished for reporting a work injury or filing a workers’ comp claim. To bring about a claim, you must show that the termination was motivated by your workers’ comp activity.

Kansas courts look closely at employer intent (which often appears in emails, spoken comments, or sudden changes in expectations) and discipline after your injury. They also examine patterns of behavior that suggest retaliation rather than a legitimate business reason for firing you.

Many employers give neutral explanations. So courts rely heavily on circumstantial evidence that shows the employer’s story is inconsistent with their actions.

Why local legal guidance matters

Missouri and Kansas have different rules for deadlines, evidence, and how to file a workers’ comp lawsuit. These differences can affect the outcome of your claim.

If you miss a deadline or present evidence in the wrong format, you risk weakening your case. So it’s essential to work with a local attorney who understands and has experience in handling workers’ comp retaliation cases in your state.

Your local Phalen Law attorney can quickly secure employer records, internal policies, and witness statements that you might not be able to access alone. This is absolutely crucial when timing and documentation inconsistencies are central to your case.

Because we provide workers’ comp legal services in both states, we’re uniquely positioned to identify which protections apply and how your facts fit the law. This lets us give you a clear, grounded understanding of your legal options.

To find out if you have grounds for a case, and to start building a convincing defense before time runs out, book your free no-obligation consultation today.

What compensation might be available?

If you were fired while on workers’ comp in Missouri or Kansas and you can prove retaliation, you can claim several forms of compensation.

Each type serves a different purpose. And the amount you can receive depends on the facts of your case, your losses, and the severity of your employer’s conduct.

You might be able to recover:

• Back pay and lost wages: These benefits reimburse the income you would have earned from the date of termination to the date of settlement or judgment. Courts calculate this using your regular wages, overtime history, and any wage increases you reasonably would’ve received
• Lost employment benefits: This covers the value of your health insurance, employer retirement contributions, paid time off, and other benefits you lost because of your wrongful termination. The amount is based on documented employer contributions, premiums, and the specific benefits you had before being fired
• Compensation for emotional distress: Retaliation often causes anxiety, depression, and sleep problems because workers lose income while recovering from an injury. Courts evaluate medical records, therapy notes, and testimony describing how the retaliation affected your daily life
• Attorney fees and litigation costs: Many retaliation claims allow you to recover the cost of hiring a lawyer and paying for necessary case expenses. These expenses can include expert reports, depositions, and record-retrieval fees
• Possible reinstatement to employment: You could be reinstated to your former position if it remains available and your relationship with your employer can be repaired. Reinstatement aims to restore the position you would have held without retaliation
• Punitive damages: Courts sometimes award punitive damages when the employer acts intentionally or engages in severe misconduct. These damages discourage similar behavior in the future, and can be significantly higher than compensatory damages, depending on the facts

What to do if you were fired illegally

Step 1: Document everything

Start by writing down every detail related to your injury and your employer’s response, including:

• Dates
• Conversations
• Emails
• Texts
• Performance reviews

Creating a timeline of events—from your injury to filing a claim and any employer actions—can reveal patterns of behavior. Even small observations, like coworkers witnessing unfair treatment, are important.

Step 2: Preserve proof

Evidence can disappear quickly. So protect everything you have, including:

• Messages from HR
• Your medical restrictions
• Notes from conversations
• Your job description
• Past evaluations
• Copies of company policies
• Performance records

Back up these files to the cloud or an external hard drive to keep them safe, as they’ll be essential in winning a retaliation lawsuit.

Step 3: Be careful with termination paperwork

Your employer might ask you to sign termination or severance documents immediately.

But signing too soon can limit your legal rights or waive your ability to pursue a claim. Severance agreements, for example, sometimes include clauses preventing future lawsuits, even if retaliation occurred.

If your employer’s explanation for your termination is vague, ask them to provide written clarification. Then, have a legal professional review the paperwork before you sign to ensure you fully understand the consequences.

Step 4: Speak to a workers’ compensation lawyer

Missouri and Kansas have strict deadlines for filing claims and pursuing lawsuits. Waiting too long can weaken or even eliminate your claim. So early guidance is crucial.

Your Phalen Law workers’ comp attorney can request internal records, emails, and personnel files that you can’t access on your own. And we can collect all the medical records, witness statements, and correspondence needed to build a strong case on your behalf.

When to call a workers’ comp lawyer

If your employer acts unfairly after you’ve been injured at work, it can feel confusing and stressful. And you might be unsure whether your concerns are serious enough to involve a lawyer.

Certain warning signs often indicate that legal guidance is necessary. Recognizing these early helps you protect your rights and respond before evidence is lost or deadlines pass.

Your employer suddenly stops communicating

If your employer starts ignoring emails, phone calls, or requests for updates after your claim, it might suggest they’re trying to avoid accountability.

Courts often consider a lack of response as evidence if retaliation later becomes an issue. So make sure to document all communications and pass them on to a trusted workers’ comp attorney.

Policies seem to change after your injury

An unexpected change in company rules, schedules, or policies that occurs after you report your injury could be more than a coincidence.

Your employer can’t legally change company processes and procedures to target workers who file an injury claim. Even subtle changes like stricter attendance requirements or new performance metrics might be relevant.

Your lawyer can help determine whether these changes violate your rights.

Your hours are cut or your responsibilities change

A sudden reduction in hours or removal of responsibilities can be a warning sign, especially if your coworkers are unaffected.

Any actions that affect your wages, benefits, or career progression suggest that your employer is punishing you for your claim. Professional legal guidance ensures these changes are properly documented and considered in your retaliation claim.

You’re pressured to ignore your medical restrictions

If your employer asks you to ignore limits imposed by a doctor, it puts your health and well-being at risk.

Missouri and Kansas workers’ comp laws require employers to accommodate temporary restrictions wherever possible. So being forced into tasks you can’t safely perform is good evidence of retaliation if you’re later fired.

Speaking to a workers’ comp lawyer early not only strengthens your claim but can also protect you from unsafe working conditions.

You sense hostility or threats related to your claim

Hostile behaviour, threats, and intimidation are never acceptable. And if they start after you file a claim, it’s strong evidence of retaliatory intent.

Even subtle threats or implied consequences can create a record that strengthens your case. So you need to document these interactions carefully and involve a workers’ comp attorney to protect your legal rights—as well as your mental health.

Your lawyer can also guide you on communicating safely with management during this time.

Phalen Law protects you against employer retaliation

Employer retaliation often reveals itself in subtle comments, unexpected changes, distant communication, and sudden punishments in the workplace. And it can be tough to know whether your employer’s behaviour is a consequence of your workers’ comp claim.

With Phalen Law by your side, you don’t need to guess whether or not you were fired illegally. We work with you to prove you were treated unfairly—and to ensure you receive the compensation you deserve.

For more than 50 years, we’ve helped injured workers across Missouri and Kansas navigate complex workers’ comp and retaliation claims. Our experience means we can quickly identify key evidence, meet deadlines, and pursue a wide range of benefits. And we know how to fight back against employers who insist your termination was fair play.

With our support, you can hold your employer accountable and safeguard your future.

Call us today toll-free or fill out our Free Case Evaluation form online to give us the details of your case.

Fired while on workers’ comp FAQs

Can I be legally fired while on workers’ comp?

Technically, your employer can fire you while you’re applying for or receiving workers’ compensation—but not because you’re doing so.

What’s important is the reason for your termination.

If you were fired for a legitimate business reason like documented performance issues, company-wide layoffs, or misconduct, it might be legal.

But if you suspect you were fired for making a claim, you need to speak to a Phalen Law workers’ comp attorney right away.

What if they say I was laid off?

Employers sometimes claim layoffs to cover for retaliatory firings.

Courts look at the timing, patterns, and documentation of layoffs to see if your claim played a role. So you should gather proof of your department’s staffing levels, coworkers’ schedules, and any communications showing how the layoff disproportionately affected you.

Your lawyer can help you determine whether your layoff was legitimate or just a pretext for retaliation.

Should I file for unemployment?

Filing for unemployment doesn’t prevent you from pursuing workers’ comp or a retaliation lawsuit. In fact, it can help you pay bills while waiting on a settlement.

In both Missouri and Kansas, you can claim unemployment benefits if you were fired for any reason other than misconduct. Make sure to keep careful records of your claim and employer statements to ensure filing for unemployment doesn’t conflict with your legal case.

What if I were fired before my claim was approved?

You’re covered by legal protections against retaliation from the moment you report your workplace injury or file a claim. So you can pursue a retaliation lawsuit even if you were fired before your claim was approved.