"When people have been injured, they need someone to get to work for them and that's what we do."
– Attorney Brad Freeman

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Can you lose your job for seeking workers’ compensation benefits in Kentucky?

On Behalf of | Dec 16, 2022 | Workers' Compensation

Kentucky law requires most employers to secure workers’ compensation benefits for its employees. Whether someone drops a heavy tool on your foot and breaks several toes, or you suffer a brain injury because of a slip-and-fall, you have the ability to file for and obtain workers’ compensation benefits.

Such benefits include necessary medical treatment, including doctor visits, surgical procedures, rehabilitation and more. Additionally, injured workers may receive disability benefits if they have to take time off of work during their recovery.

Unfortunately, many workers in all different fields often worry that they could be fired for filing a workers’ compensation claim.

As an employee, here’s what you should know:

Kentucky’s “Retaliatory Discharge” law

Kentucky, like many other states, is an “employment at will” state. This basically means that an employer can fire you for any reason, at any time. However, like all laws, there are exceptions.

Under the “retaliatory discharge” law, an employer cannot fire you for filing a workers’ compensation claim. They also cannot harass, threaten, or take any other retaliatory action (like demoting you) for filing for workers’ comp benefits.

If an employer does fire you, seeking legal help immediately is advised. Your employer may argue that your termination was due to “misconduct” or other justifiable reason. Getting a legal advocate who knows the law and can investigate the situation to protect your rights is vital to ensuring you receive the benefits you are entitled and justice for the retaliation.