Every first Monday in September, Americans take a day off to celebrate something many of us take for granted: the labor movement’s hard-won victories that shaped the modern workplace. Labor Day traces back to the late nineteenth century, when workers and labor activists organized to demand safer working conditions, fair wages, and reasonable hours. A Columbia, MO worker’s compensation retaliation claims lawyer can help injured workers understand their rights if they face retaliation for exercising their workers’ compensation rights.
From Local Tradition to Federal Holiday
Before becoming a federal holiday, Labor Day was first introduced through municipal ordinances, then secured through individual state legislation, with Oregon becoming the first state to pass a law recognizing Labor Day in 1887. As additional states adopted the holiday, Congress passed an act on June 28, 1894, making the first Monday in September of each year a federal holiday.
The Movement’s Lasting Impact on Federal Law
That same movement paved the way for federal laws that still protect workers today:
- Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay requirements, proper record-keeping, and standards for minor employment in the private sector as well as federal, state, and local governments.
- Family and Medical Leave Act (FMLA) entitles eligible employees of qualifying employers to take unpaid, job-protected leave for specified family and medical reasons, with continuation of health insurance coverage.
Among these contributions, one of the most significant for injured employees is workers’ compensation laws.
The Origins of Workers’ Compensation
Before the passage of workers’ compensation law, an employee hurt on the job had his or her claim handled by the courts according to common law. This meant the employee carried the burden of establishing that the employer was negligent before recovering any compensation for damages. The process was slow, expensive, and frequently unsuccessful.
Workers’ compensation laws, first adopted state by state in the early 1900s, changed that. The Missouri Supreme Court describes this history well, discussing the period before the state adopted its first workers’ compensation law in 1925:
“The common law provided an employer with several defenses to a civil claim for damages filed by an employee. Three of these, assumption of risk, contributory negligence, and the employer’s non-liability for acts of third parties, effectively barred the negligent employee from recovering damages in a common law action for work-related injuries in most cases. The common law permitted an injured employee to recover for work-related injuries only if he or she could prove that the accident resulted solely from the employer’s negligence.”
— Bass v. National Super Markets, Inc., 911 S.W.2d 617 (Mo. banc 1995)
Who Gets Hurt on the Job
It’s easy to assume workplace injuries only happen in obviously dangerous fields like construction or manufacturing. In reality, workers’ comp claims arise across every industry: from repetitive stress injuries in office jobs, slips and falls in retail, vehicle accidents for delivery drivers, spinal injuries from lifting at a factory job, and even occupational illness from prolonged exposure to chemicals.
Obstacles Injured Workers Still Face
Despite these protections being over a century old, injured workers still run into obstacles: claims denied on technicalities, supervisors who discourage reporting, and employers who retaliate against employees who do report an injury, including firing or demoting them.
What to Do If You’re Injured at Work
- Report the injury immediately, preferably in writing. Most states have strict deadlines for notifying your employer.
- Seek medical attention and keep records of every visit, diagnosis, and treatment.
- Know your right to legal representation not only for filing the initial workers’ compensation claim, but also should you face any additional retaliation.
When Retaliation Occurs: Additional Legal Protections
As mentioned above, there may be additional legal avenues beyond the initial workers’ compensation claim. Should you be subjected to adverse action by an employer – termination, demotion, or reassignment of job duties – in retaliation for filing a claim, there may be additional remedies available.
Different states may offer even more protection. In Missouri, for example, Missouri Revised Statutes Section 287.780 prohibits an employer or its agent from discharging or discriminating against any employee for exercising rights under Missouri’s Workers’ Compensation Law.
Another option for an injured worker who has faced discrimination from an employer is filing a discrimination charge based on disability. For these types of charges, the statute of limitations can be significantly shorter, which is why it’s imperative that an injured employee who may have been discriminated against contacts an attorney as early as possible.
A Reminder This Labor Day
This Labor Day, while enjoying the day off and celebrating the contributions American workers have made to this country’s well-being, keep in mind that should you be injured on the job, there are protections in place for you. Contact TGH Litigation if you have been injured at work and believe you have experienced retaliation or discrimination for exercising your workers’ compensation rights.
Additional Resources:
U.S. Department of Labor, https://www.dol.gov/