In Kentucky, you have a right to file a workers’ compensation claim in the event that you are injured or develop an illness as a result of your job and working conditions. However, one of the most common fears that injured workers have is that they will be fired for filing a claim and taking time off of work to recover after a work injury. Do employers have a legal right to do this?
EXCEPTION TO KENTUCKY’S AT-WILL EMPLOYMENT LAW
Kentucky follows an at-will employment law. This means that employers are legally allowed to fire an employee for a good reason, a bad reason, or any reason at all. Essentially, they are allowed to terminate an employee without any just cause. However, it’s important for workers to understand that there is a big exception to this law.
According to Ky. Rev. Stat. § 342.197, it is unlawful for an employee to be “harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful claim under this chapter.” In other words, it is absolutely illegal for your employer to terminate you simply for exercising your legal right to file a workers’ compensation claim.
Despite this law, it’s an unfortunate reality that employers may still try to retaliate against injured workers by claiming that they are being terminated for another reason, such as misconduct, poor work performance, or company policy violations. Ultimately, your workers’ comp attorney will be able to prove a “retaliatory discharge” after collecting evidence and reviewing the specific details of your case.
FIGHTING FOR INJURED WORKERS IN LOUISVILLE
No one should have to worry about losing their job for filing a workers’ compensation claim. If you believe you were a victim of employer retaliation due to filing a claim, you should not hesitate to contact a lawyer immediately. At Justice Injury Law, our Louisville workers’ compensation attorneys are dedicated to protecting the rights of injured workers.
We will do everything in our power to collect evidence on your behalf in order to prove you were wrongfully terminated and ensure you receive the benefits and justice you deserve.
Contact our team at 502-584-5455 to get started with a free consultation!