Can a Kentucky Employer Fire Me For Filing a Workers’ Compensation Claim?
Posted on Tuesday, July 1st, 2014 at 4:05 pm
It’s one of the most common questions we hear from new clients: Can my employer fire me for filing a Workers’ Compensation claim? The short answer to this question is no. Kentucky law does not allow an employer to fire an employee in retaliation for filing a workers’ compensation claim. The employer also cannot refuse to promote you or refuse to give you a raise because you filed a workers’ compensation claim. An employee that has filed a workers’ compensation claim is in one of the rare “protected classes” under the law, similar to gender and race. Just as an employer can’t fire you for being black or white, an employer can’t fire you for filing a workers’ compensation claim.
Employers Can’t Fire You for Filing a Workers’ Comp Claim But They Can Get Nasty
As many Kenton County workers know, an employer can be cruelly creative and many employers will try to get around the prohibition against firing employees for filing a workers’ compensation claim. Kenton County employers will sometimes start finding problems in an employee’s work after they’ve been hurt on the job even though there were no problems before. Employers will change an injured employee’s hours so they don’t get the full benefit of their paycheck. Northern Kentucky employers will sometimes even begin treating an employee nastily, so the employee will want to quit before they can be fired. When a Northern Kentucky employee is having these kinds of problems with the employer, is it still a good idea to file a workers’ compensation claim?
So Should You File Even though They May Get Nasty? Absolutely!
Our years of experience at the Kenton County offices of Lawrence & Associates have taught us that an employer that will give an injured worker a hard time for no reason is the kind of employer that will fire the employee anyway. An employee working for that kind of employer is exactly the kind of injured worker that has to protect his or her rights. You can only protect your rights by filing a workers’ compensation claim, and in order to file a workers’ compensation claim correctly – and see it through to the end – you need a good lawyer. That’s where the experienced attorneys at Lawrence & Associates come in.
Fighting Everyday to Make Sure Injured Workers Get their Benefits
At Lawrence & Associates, we fight every day to make sure injured workers like you get the benefits you deserve. You deserve full treatment of your medical bills, TTD and PPD and potentially other benefits like vocational rehabilitation. Injured or not, no one can guarantee your job tomorrow. When you are injured, that means you have to take a stand and fight for the benefits that you have a legal right to receive under Kentucky law. We want to help you fight for your rights.
If you or someone you know has been injured on the job, contact Lawrence & Associates today! We can help you get the benefits that you deserve!
Contact Us (859.371.5997) for a Free Consultation