Can You Be Fired While on Workers’ Comp in Missouri?
Quick Answer
In Missouri, it is illegal for your employer to fire you solely because you filed a workers’ compensation claim. This protection is codified under Missouri Revised Statutes § 287.780, which gives you the right to sue your employer in civil court for wrongful discharge if they retaliate against you for exercising your workers’ comp rights. However, Missouri is an at-will employment state, meaning your employer can legally fire you for other legitimate, documented reasons even while you are on workers’ comp. The distinction between retaliation and lawful termination is where everything gets complicated — and dangerous.
This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
From Shane: The Fear Is Real — And They Know It
When I got hurt on the job and filed my claim, my supervisor’s attitude changed overnight. Suddenly I was getting written up for things that had never been a problem. I know now that this is a textbook retaliation playbook — create a paper trail, manufacture “legitimate” reasons to fire you, and make the whole thing look like a performance issue.
The hardest part wasn’t the injury. It was the anxiety of not knowing if I’d have a job to return to. Employers and their insurers know that fear. Some of them weaponize it deliberately, hoping you’ll drop your claim just to protect your paycheck.
Missouri gives you real legal protection. But the law only works if you know it exists and if you document everything from day one. This guide exists because I wish someone had handed it to me when I was still sitting in that hospital waiting room.
What Missouri Law Actually Says
Missouri Revised Statutes § 287.780 states that it is unlawful for any employer to discharge or discriminate against an employee for exercising any right under the Missouri Workers’ Compensation Law. If your employer violates this statute, you have a private right of action — meaning you can sue them directly in civil court, separate from your workers’ comp case.
Key legal points:
| Legal Element | Detail |
|---|---|
| Governing Statute | Mo. Rev. Stat. § 287.780 |
| Type of Claim | Civil lawsuit (separate from workers’ comp) |
| Statute of Limitations | 2 years from the date of termination |
| Burden of Proof | Employee must show filing the claim was a “contributing factor” in the termination |
| Remedies Available | Lost wages, reinstatement, damages, attorney’s fees |
| At-Will Employment | Still applies; employer can fire for other legitimate reasons |
The 2017 Missouri Supreme Court case Templemire v. W&M Welding, Inc. clarified the standard: you must prove your workers’ comp claim was a contributing factor to your termination — not necessarily the sole cause. This is actually a more favorable standard than many workers realize.
Step-by-Step: What To Do If You Fear Retaliation in Missouri
Step 1: Document Everything Immediately
From the moment your employer’s behavior shifts after your claim, start a written log. Date, time, what was said, who witnessed it. Save all emails and text messages. Screenshot any digital communications.
Step 2: File Your Workers’ Comp Claim Formally
An informal verbal report is not enough protection. File a First Report of Injury (Form WC-1) with your employer and ensure it is submitted to the Missouri Division of Workers’ Compensation. A filed claim creates a documented timeline that protects you.
Step 3: Request Everything in Writing
If you receive a written disciplinary action, performance review, or termination notice, keep every copy. If your employer gives verbal warnings, follow up with an email: “As I understand it, you told me today that… Is that correct?” This creates a paper trail.
Step 4: Consult a Missouri Workers’ Comp Attorney Immediately
Do not wait until after you are fired. Many Missouri workers’ comp attorneys offer free consultations. An attorney can advise you on whether what you’re experiencing constitutes retaliation and how to preserve evidence. Time matters — the 2-year statute of limitations starts at termination.
Step 5: File a Retaliation Lawsuit in Missouri Circuit Court
If you are terminated, your retaliation claim is filed as a civil lawsuit in Missouri Circuit Court, not with the Division of Workers’ Compensation. This is a separate legal action. Your attorney will file a petition alleging wrongful discharge under § 287.780.
Step 6: Pursue Your Workers’ Comp Claim in Parallel
Your retaliation lawsuit does not stop or replace your workers’ comp claim. Both proceed simultaneously. Do not let the stress of one cause you to abandon the other.
What the Law Says vs. What Actually Happens
The law is clear. Employer behavior often isn’t.
The “Performance Paper Trail” Trick: After an employee files a workers’ comp claim, some employers suddenly begin documenting performance issues that were never previously mentioned. Attendance write-ups, productivity concerns, attitude problems — all appearing for the first time. The goal is to manufacture a “legitimate” reason for termination that obscures the real motive.
The Restructuring Cover: Some employers terminate injured workers as part of a “company restructuring” or “position elimination.” This can be legitimate — or it can be strategic. Courts look at whether similarly situated, non-injured employees kept their jobs.
The Insurance Adjuster Pressure: Your employer’s workers’ comp insurer has financial incentive to minimize your claim. If they can get you terminated and discredit your claim simultaneously, they benefit. Watch for adjusters and employer representatives communicating frequently in ways that seem coordinated with your discipline.
The Return-to-Work Trap: Missouri employers may offer modified duty that is unrealistic given your restrictions. If you refuse or cannot perform it, they use that refusal as grounds for termination. Always get your physician’s restrictions in writing before accepting or refusing any modified duty offer.
Real Case Example: Marcus’s Story
Marcus, a warehouse worker in Kansas City, tore his rotator cuff lifting heavy freight. He filed his workers’ comp claim on a Monday. By the following Thursday, his floor supervisor had issued him a written warning for “failure to follow safety protocols” — an issue that had never been raised in his four years at the company.
Over the next six weeks, Marcus received two more write-ups, both targeting behavior that coworkers regularly engaged in without consequence. He was terminated eight weeks after filing his claim, with his employer citing “repeated policy violations.”
Marcus had done two things right: he had kept a personal log of every interaction since his claim was filed, and he had texted a coworker after each incident who confirmed the behavior was not unique to Marcus.
His attorney filed a wrongful discharge lawsuit under § 287.780 in Jackson County Circuit Court. During discovery, it emerged that no other employee had been written up for those same violations in the previous year. Marcus demonstrated that his workers’ comp claim was a contributing factor in the termination. The case settled before trial, with Marcus receiving back pay, damages, and his attorneys’ fees covered.
His workers’ comp claim, filed separately with the Division of Workers’ Compensation, also proceeded and resulted in a settlement for his shoulder injury.
Common Mistakes to Avoid
1. Waiting to consult an attorney. Many injured workers think they only need a lawyer after they’re fired. Wrong. An attorney can help you identify early warning signs, advise on documentation, and potentially intervene before termination happens.
2. Accepting verbal communication only. If your employer discusses your return-to-work status, your restrictions, or any disciplinary matter verbally, follow up every conversation with a written email summary. Verbal conversations are almost impossible to prove in court.
3. Refusing modified duty without physician guidance. If you refuse modified duty that is actually within your medical restrictions, your employer gains a legitimate termination basis. Always have your treating physician document your exact restrictions in writing before making any decisions.
4. Missing the 2-year statute of limitations. Missouri gives you 2 years from the date of termination to file a retaliation claim. This sounds like plenty of time — it isn’t. Evidence disappears, witnesses move on, and building a solid case takes months. Consult an attorney within weeks, not years.
5. Conflating your workers’ comp claim with your retaliation claim. These are two separate legal matters processed in two different systems. Settling your workers’ comp claim does not resolve a retaliation claim. Do not let an employer or insurer combine them without your full understanding of what you are releasing.
Frequently Asked Questions
Can my employer fire me for any reason while I’m on workers’ comp in Missouri?
Missouri is an at-will employment state, which means your employer can legally terminate you for almost any reason — or no reason at all — as long as that reason is not your workers’ comp claim. The critical legal distinction is why you were fired, not simply when. If you are fired during your workers’ comp claim for documented performance issues that predate your injury, your employer likely has a defensible position. If you are fired shortly after filing, with no prior disciplinary history, and similarly situated non-injured employees were not terminated, a court may find that your claim was a contributing factor. The burden is on you to prove that connection under Templemire. This is why documentation of the timeline — your claim date, any change in your employer’s behavior, and any disciplinary actions — is so critical from day one.
What counts as “retaliation” under Missouri law?
Retaliation under Mo. Rev. Stat. § 287.780 is broader than just termination. It includes any adverse employment action taken because you filed a workers’ comp claim or exercised any right under the Missouri Workers’ Compensation Law. This includes: demotion, pay reduction, hostile work environment, removal of duties, denial of promotion, negative performance reviews, or constructive discharge — meaning your employer makes your working conditions so intolerable that you are effectively forced to quit. Constructive discharge is particularly relevant in workers’ comp cases where an employer wants you gone but wants you to “choose” to leave. Courts look at the totality of the circumstances, the timing of the actions relative to your claim, and whether similarly situated employees without workers’ comp claims were treated differently.
Does filing a workers’ comp claim give me job protection like FMLA?
Not exactly. Missouri workers’ compensation law does not provide direct job protection the way the federal Family and Medical Leave Act (FMLA) does. Workers’ comp prevents retaliatory termination but does not guarantee your specific job will be held. FMLA, if you qualify (50+ employees, 12 months of employment, 1,250 hours worked), provides up to 12 weeks of protected leave, meaning your job — or an equivalent one — must be available when you return. Many workplace injuries trigger both workers’ comp and FMLA simultaneously. If your employer is covered by FMLA, you may have dual protection. Workers’ comp covers medical bills and wage replacement; FMLA protects your job. Consult an attorney to understand which protections apply to your specific situation.
What damages can I recover if I prove retaliation in Missouri?
Under § 287.780, if you successfully prove wrongful discharge, Missouri courts can award: back pay (wages lost from the date of termination to judgment), front pay (projected future lost wages if reinstatement is not feasible), reinstatement to your former position, compensatory damages for emotional distress and other harms, and attorney’s fees and court costs. Missouri does not cap these damages the way some states do for employment claims. The value of a retaliation claim depends heavily on your salary, your age, the strength of your evidence, and whether your case goes to trial or settles. Most cases settle before trial. Having an experienced Missouri workers’ comp attorney significantly impacts the outcome.
What if I was already on a performance improvement plan before my injury?
This is one of the more difficult fact patterns in retaliation cases. If a pre-existing, documented performance issue exists, your employer has a stronger argument that the termination was legitimate. However, this does not automatically defeat your claim. Courts look at: whether the PIP was being enforced consistently before your injury, whether similarly situated employees on PIPs without injuries were treated the same way, and whether the termination was accelerated or triggered specifically by your claim filing. A pre-existing PIP is a complication, not a death sentence for your case. An attorney can evaluate whether the PIP was being applied in good faith or was being opportunistically weaponized after your injury.
How do I file a retaliation claim in Missouri?
A retaliation claim under § 287.780 is filed as a civil lawsuit in Missouri Circuit Court — not with the Division of Workers’ Compensation. Your attorney will draft and file a civil petition alleging wrongful discharge. The case proceeds through standard civil litigation: discovery, depositions, potential mediation, and if not settled, trial. You do not file with the Missouri Commission on Human Rights or any federal agency for this specific claim (those bodies handle discrimination, not workers’ comp retaliation). The 2-year statute of limitations begins running on your termination date. Filing your underlying workers’ comp claim with the Division of Workers’ Compensation is a separate process that continues in parallel.
Can I collect unemployment while pursuing a retaliation claim in Missouri?
Generally, yes. Filing for Missouri unemployment benefits and pursuing a workers’ comp retaliation lawsuit are not mutually exclusive. However, if you receive back pay through a settlement or judgment in your retaliation case, you may be required to repay any unemployment benefits that overlapped with the period for which you receive back pay. Missouri’s Department of Labor and Industrial Relations handles unemployment; keep them informed of any settlement proceeds. Your workers’ comp wage replacement benefits (temporary total disability) may also affect your unemployment eligibility during the period you received them. A Missouri employment attorney can help you coordinate these overlapping claims to maximize your recovery and avoid clawbacks.
Last updated: January 2025. Missouri statutes and case law can change. Always verify current law with a licensed Missouri attorney.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state before making any decisions about your case.
More Missouri Workers Comp Resources
See Also
- Missouri Workers’ Compensation: The Complete 2026 Reference Guide
- Missouri Workers’ Comp for Hotel Workers: Complete 2026 Guide
- Missouri Workers’ Comp for Plumbers: The Complete 2026 Guide
- Missouri Workers’ Comp for Security Guards: The Complete 2026 Guide
- How Long Can You Receive Workers’ Comp Benefits in Missouri? (Complete Guide)
Need help finding the right next step?
This article is general educational information, not personal advice. You can use our Contact and Feedback page to report a correction, suggest a topic, or—where available—optionally request a connection with an independent professional.