You have the right to claim workers’ compensation following a workplace injury or illness.

But even though workers’ comp helps pay for medical treatments and lost wages, some injured employees are reluctant to file a claim.

That’s because they’re afraid of being punished by their employer.

Workers’ compensation retaliation comes in many forms, from wrongful termination or demotion after a workplace injury to unwelcome changes in your job duties.

These acts—intended to harass and scare both you and others who might make a claim—are illegal.

That’s because this type of employer discrimination violates your fundamental employee rights.

Both Kansas and Missouri laws include legal protections against retaliation for a workers’ comp claim.

But if you’re experiencing harassment after filing workers’ comp, you need to exercise your right to fair treatment to make a difference.

Unlike a workplace injury, where there’s physical evidence of the harm you’ve suffered, workers’ comp retaliation is harder to prove.

But with legal recourse from a trusted and experienced workers’ comp attorney, you can enforce your workers’ rights and protect yourself against retaliation.

Book a free consultation with Phalen Law today to build a strong case for compensation and fair treatment.

What is workers’ comp retaliation?


Workers’ comp retaliation refers to any negative action your employer takes against you for filing or attempting to file a workers’ compensation claim.

This is illegal even if your workers’ comp claim was denied.

Retaliation often comes from an employer’s desire to avoid increased insurance premiums.

These financial pressures can lead them—or even supervisors and managers—to act unfairly toward an injured worker who’s simply trying to protect their health and financial stability.

Workers’ comp retaliation doesn’t just put your livelihood at risk. It can also make every day at work feel hostile and intimidating.

This can lead to mental health problems like anxiety and depression, which impact your life even outside of work.

Examples of workers’ comp retaliation

  • Getting fired: Let’s say you file a workers’ comp claim and are then fired two weeks later. The excuse given is “poor performance”, but you have no prior disciplinary issues. This kind of abrupt termination following a claim is a red flag for workers’ comp retaliation, especially if there’s no precedent for the reason given
  • Demotion: You might be demoted from a supervisory role to an entry-level position shortly after filing a workers’ comp claim. Your employer tells you it was “restructuring”, but no other supervisors were affected
  • Less favorable duties: You’re reassigned from skilled work like electrical engineering or plumbing to custodial duties. But your doctor said it was safe for you to return to your normal work
  • Cutting pay: After filing a claim, your hours are reduced and your monthly bonus is discontinued without explanation. But you’re consistently meeting all your performance goals
  • Harassment or workplace hostility: After your claim, your coworkers start commenting that you’re “just lazy” or “faking it for a payout”. They might even be encouraged by your supervisor. When you complain, management does nothing to stop the harassment
  • Reduced hours or schedule changes: You’re given fewer or undesirable shifts, such as dropping from 35 hours of daytime shifts to 10 hours of nighttime shifts, without clear reason. Your employer might even know that you have responsibilities like childcare that make these new conditions difficult
  • Negative evaluations or disciplinary action: You return to work fit and ready to perform your regular duties. But even though your performance is the same, your official evaluations say your work isn’t good enough. You might even be passed over for promotion or have your probationary period extended

Workers’ comp denial isn’t retaliation

It’s important to understand that workers’ comp retaliation isn’t the same as having your claim denied.

An employer or insurer might dispute your claim based on evidence or policy.

But if they have a clear and sensible reason to do so, it might just mean your claim has no legal basis for compensation.

For example, your claim could be rightfully denied because the injury didn’t happen at work or there’s not enough medical evidence.

Retaliating against a worker specifically for filing a claim is a separate and illegal act regardless of whether the claim was approved.

That said, it’s still essential to know what to do if your workers’ comp claim is denied in Kansas and Missouri to ensure you receive the compensation you deserve.

How workers’ comp laws protect you against workplace retaliation

Kansas workers’ comp law

There’s no explicit law prohibiting employer retaliation in Kansas.

Instead, in cases of workers’ comp retaliation, the Kansas courts recognize a common law cause of action in violation of public policy.

That means it comes from case law rather than a statute passed by the Kansas legislature.

For example, as noted in Bracken v. Dixon Industries Inc. (2002), in order to make a credible case for getting fired as workers’ comp retaliation, you must prove four things:

  1. You filed a workers’ comp claim or suffered an injury that would have allowed you to do so
  2. Your employer knows about the claim or injury
  3. Your employer fired you
  4. You were fired because of your workers’ comp claim or injury

Proving these four things with the help of a Kansas workers’ comp lawyer would allow you to file a wrongful discharge lawsuit.

Missouri workers’ comp law

Unlike Kansas, Missouri provides explicit statutory protection against workers’ comp retaliation under the Revised Statutes of Missouri RSMo Section 287.780: “Discrimination because of exercising rights prohibited”.

That means you can’t be fired, harassed, or discriminated against for:

  • Filing a workers’ comp claim
  • Testifying in a workers’ comp proceeding
  • Seeking medical treatment related to a work injury

In the past, cases of employer retaliation in Missouri required you to show “exclusive causation”. This involved proving that you were unfairly punished or mistreated specifically because of your claim.

But this was abandoned following the decision of Templemire v. W&M Welding Inc. (2014).

Now, the standard has shifted to “contributing factor”.

That means you only need to prove that your claim was one factor in your punishment, not the only reason.

This lowered the burden of proof and strengthened employee protections against workers’ comp retaliation.

Other protections

As well as state-level protections, there are several federal laws that may apply when you face workers’ comp retaliation.

Occupational Safety and Health Administration Whistleblower Protection

The Occupational Safety and Health (OSH) Act includes strong anti-retaliation provisions.

It doesn’t directly govern workers’ comp claims. But it protects employees from retaliation for reporting workplace injuries and safety concerns.

For example, section 11(c) of the OSH Act (29 U.S.C. 660(c)) prohibits employers from discharging or discriminating against any employee for:

  • Filing a safety complaint
  • Reporting an injury
  • Participating in an OSHA investigation

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) can offer protection if your workplace injury:

  • Leads to a disability; and
  • The employer retaliates against your for requesting reasonable accommodations for your injury-related limitations

Family and Medical Leave Act

If your injury or occupational illness qualifies as a serious health condition, you may be entitled to job-protected leave under the Family and Medical Leave Act (FMLA).

This entitles you to:

  • Up to 12 weeks of unpaid job-protected leave per year
  • Continued health insurance coverage during leave
  • Protection from retaliation for taking or requesting FMLA leave

National Labor Relations Act

If your employer retaliates because you discussed unsafe conditions, injuries, or the company’s handling of workers’ comp claims with your coworkers, this might violate the National Labor Relations Act (NLRA).

The Act protects “concerted activity” relating to working conditions, even in non-union workplaces.

What to do if you suspect workers’ comp retaliation

Document all incidents

Keeping thorough records is crucial to proving workers’ comp retaliation and protecting your workers’ rights.

It’s a good idea to make a habit of saving and organizing all relevant information.

You should:

  • Save all written communication related to your injury, including emails, messages, letters, and memos
  • Write down all verbal interactions including dates, times, locations, people involved, and what was said in conversations that feel retaliatory or hostile
  • Keep copies of performance evaluations, disciplinary actions, or warnings, especially if they’re inconsistent with your pre-claim record
  • Track any changes to your job duties or work environment, such as reassignment to less-favorable tasks, exclusion from meetings, or denial of training or promotion opportunities
  • Collect attendance records that show any sudden or unexplained schedule changes or reductions in hours
  • Document any comments or behaviors from coworkers or supervisors that suggest hostility or harassment related to your injury or claim
  • Save medical records and doctor’s notes that describe your injury, treatment, and work restrictions
  • Photograph or record any physical evidence such as unsafe working conditions or changes in your workspace that affect your ability to perform your job
  • Keep these records organized by date and type, and consider creating a digital folder or physical binder with clear labelling for easy access

Keep a timeline of events


A comprehensive timeline clearly shows how events unfolded before and after you filed your claim.

This can reveal whether workers’ comp retaliation is likely.

You should include:

  • The exact date your injury occurred and when you first reported it to your employer
  • The date you filed your workers’ comp claim and any follow-up communications about your claim
  • Dates and summaries of meetings with supervisors, HR, or coworkers related to your injury and job performance
  • All performance reviews, warnings, or disciplinary actions, noting any changes before and after your claim
  • Specific dates for changes in hours, pay, duties, or scheduling, and whether your employer gave you a reason
  • Dates of medical appointments and treatments, as well as doctor’s recommendations like light-duty work restrictions
  • Notes about any harassment or hostile behaviors from coworkers or supervisors, with dates and descriptions
  • Any requests you made for accommodation or assistance, and your employer’s responses
  • Personal observations of changes in workplace atmosphere or management attitudes

Seek legal advice early

Legal advice is key to navigating retaliation claims and protecting your rights under Kansas or Missouri law.

Here’s how to get started:

  • Start looking immediately rather than waiting for something to go wrong
  • Find a local attorney with explicit experience in workers’ compensation and employment retaliation in your state
  • Schedule a free consultation to discuss your case and find out whether you have grounds to file a retaliation lawsuit
  • Bring key information to your consultation, such as your injury report, medical records, communications with your employer, and any write-ups or performance reviews you received after filing
  • Ask the right questions about the attorney’s experience, your employee rights, the next steps to take, and how they handle fees
  • Act promptly if you notice any signs of retaliation, as waiting too long could limit your options or cause you to miss important deadlines
  • Stay in contact with your attorney throughout your claim to keep them updated on any developments, and always respond quickly to their requests

You should also check how often you should hear from your workers’ comp attorney to ensure your case is on track.

How a workers’ comp attorney can help

If you believe you’ve been mistreated after filing a workers’ comp claim, consulting a knowledgeable workers’ comp attorney at Phalen Law is a critical step in protecting your rights.

Reviewing your case to determine if retaliation occurred

Your attorney will look at the full timeline of events and any documentation you provide to determine whether your employer’s actions are likely linked to your claim.

If the facts support it, they’ll explain how the treatment you’ve received violates Kansas or Missouri law and what you can do to prove it. That includes any violations of federal protections that could further strengthen your case.

Your attorney will also help you gather evidence to prove workers’ comp retaliation. So you can file a strong lawsuit or complaint with a high chance of success from the very start.

Filing a retaliation lawsuit or complaint if warranted

If retaliation is evident, we can take formal legal action on your behalf.

This might include filing a complaint with the appropriate state agency or initiating a lawsuit in court.

Your Phalen Law attorney will file all paperwork accurately and within state deadlines. And they’ll ensure your case is backed by strong legal arguments and supporting evidence.

In cases where multiple laws apply, your attorney can also coordinate related claims to give you the best possible chance to set things right.

Negotiating with your employer and protecting your rights

In many situations, we’re able to solve workers’ comp retaliation cases through negotiation rather than litigation.

Your attorney can speak directly with your employer or their legal counsel and try to find a fair resolution.

This could include reinstatement, compensation, or improvement in working conditions.

We can also ensure your original workers’ comp benefits remain intact, and that no additional unlawful actions are taken against you.

Simply having reputable legal representation can help deter further retaliation and make it clear that your rights must be respected.

Protect your right to a safe, welcoming workplace


If you’re suffering workers’ comp retaliation, the worst thing you can do is let it happen.

Not only could you miss out on compensation for your injuries, but once problems begin it’s unlikely they’ll stop any time soon.

At Phalen Law, we have more than 50 years’ experience protecting the rights of injured workers like you throughout Kansas and Missouri.

Our lawyers have a comprehensive knowledge of state and federal laws related to workers’ compensation, as well as legal precedent. That means we can build a strong, convincing case for change.

With our support, you can resolve your workplace struggles and confidently continue with secure employment. And we’ll also make sure you receive any and all benefits you’re entitled to.

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