While you can be fired while receiving workers’ compensation in Kentucky, the law protects employees who are pursuing workers’ compensation benefits from employer retaliation. If you believe your termination was connected to your workplace injury or workers’ compensation claim, you may have grounds for a wrongful termination or retaliation claim. Contact Lawrence & Associates today to schedule a free initial consultation with our dedicated legal team.
Can Your Employer Fire You While You’re Receiving Workers’ Compensation?
Employers may have grounds to fire you while receiving workers’ comp. However, they cannot fire you just for pursuing workers’ compensation benefits. Kentucky generally follows at-will employment, meaning an employer can terminate an employee for many reasons.
Retaliation for filing a workers’ compensation claim is not one of these reasons. When you pursue benefits after a work injury, you are exercising your legal rights under Kentucky workers’ compensation laws. An attorney can look at the circumstances surrounding an employee’s termination to determine whether the decision was lawful or unlawful.
When Can an Employer Legally Terminate an Employee on Workers’ Compensation?
Kentucky allows employers to lawfully terminate an employee who is receiving workers’ compensation benefits in certain circumstances. For example, if layoffs or company-wide restructuring affect multiple employees, one or more of those employees may have been collecting benefits at the time of termination.
Similarly, an employer may have the right to fire a workers’ comp-receiving employee if they have well-documented evidence of performance issues or misconduct unrelated to the employee’s injury. Every situation is unique and will depend on the specific facts.
When Could a Termination Be Considered Retaliation?
Retaliatory termination refers to wrongfully firing an employee for unlawful reasons. There are several signs to watch for if you believe your employer fired you for exercising your right to file a workers’ compensation claim.
- Suspicious timing: Being fired shortly after reporting a workplace injury or filing a workers’ compensation claim, especially if there were no previous performance issues, is suspicious.
- Inconsistent explanations: Giving inconsistent reasons for your termination could suggest that the stated reason was not the actual basis for your employer’s decision.
- Different treatment of injured workers: Treating employees who file workers’ compensation claims differently from other employees
- Negative comments about your claim: Derogatory or negative statements from supervisors or managers criticizing you for filing a claim or receiving benefits could indicate that your termination is retaliation.
If the circumstances surrounding your termination suggest retaliation, an experienced lawyer can help you understand your rights and legal options.
Does Being Fired End Your Workers’ Compensation Benefits?
Even if you lose your job while receiving workers’ compensation benefits, this does not automatically mean your workers’ compensation benefits come to an end. As long as you remain eligible for benefits based on your work-related injury and medical restrictions, you can continue receiving your benefits even after your employment ends. However, the amount and duration of your benefits will depend on your medical condition, ability to work, and the type of workers’ compensation benefits you receive.
What Should You Do if You Were Fired While Receiving Workers’ Compensation?
If you were fired while you were receiving your workers’ compensation benefits, there are some practical steps you can take to protect your right to workers’ compensation. These steps include:
- Documentation: Preserve documentation related to the injury and your benefits, including medical records, employer communications, the termination notice, and performance records.
- Understand the terms in your severance package: Avoid signing any severance agreements without first taking the time to fully understand if the terms impact your right to receive benefits.
- Continue treatment: Continue medical treatment for your injury, including doctor-prescribed plans and scheduled appointments.
If you suspect your termination was a form of retaliation from your employer, consider speaking with an attorney who can review the circumstances of your case and explain your legal options. Our attorneys can help determine whether an unlawful firing occurred.
How Can a Kentucky Workers’ Compensation Lawyer Help With Your Case?
At Lawrence & Associates, our seasoned attorneys have helped countless injured Kentucky workers. By partnering with our team, you gain numerous benefits from our experience and skill set. Our workers’ compensation attorneys can:
- Review your workers’ compensation claim and employment records
- Evaluate whether your employer’s actions constitute retaliation
- Assistance communicating with your employer and its insurance company
- Advise you of your legal options and potential claims
- Advocate for your best interests, including taking your case to trial, if necessary
Our Fort Mitchell workers’ compensation attorneys will explain your rights as an employee, answer any questions you have, and fight to protect your workers’ compensation benefits. Our past clients can attest that we care about protecting your rights.
Lawrence & Associates has helped workers all across Kentucky secure the benefits they need. They helped a client settle an $11M workers compensation case involving a barge worker who was paralyzed after an accident on the job. Our results from previous workers’ comp cases prove we will fight for you.
Get Answers About Your Kentucky Workers’ Compensation Rights
If you were injured at work or fired while receiving workers’ compensation, you may have questions about your rights and available benefits. Our lawyers at Lawrence & Associates can review the circumstances of your case and determine whether your employer violated your rights.
Our attorneys can help you understand your options and take action when retaliation or other wrongdoing is involved. Contact our law office today at (859) 251-3045 for a free consultation about your workers’ compensation rights.
