Kentucky Workers’ Compensation and Retaliatory Discharge

If you are injured on the job or become ill as a result of your employment in Kentucky, you may be entitled to workers’ compensation benefits. Unfortunately, some workers hesitate to file a valid workers’ compensation claim out of fear that they will lose their job or suffer other negative repercussions. If you are concerned that your employer might fire you, harass you, or treat you in a negative way if you file a claim, then you should know that Kentucky has a “retaliatory discharge” law that may protect you.

Kentucky is an “employment at will” state. This means that as a general rule an employer may fire an employee for any reason. The employer does not even need to have a reason to fire an employee in an “at will” employment state. There are, however, some exceptions. Federal and state statutes, for example, prevent an employee from being discriminated against in the hiring and firing process. Kentucky also protects workers from being fired as retaliation for filing a workers’ compensation claim.

In 1984, the Kentucky Supreme Court held that firing an employee in retaliation for filing a workers’ compensation claim constituted the tort of wrongful discharge in Firestone Textile v. Meadows, 666 S.W.2d 730 (KY 1984). Shortly thereafter, the legislature enacted Kentucky Revised Statute 342.197 to protect workers who file a workers’ compensation claim from retaliatory conduct by an employer. KRS 342.197 states, in pertinent part:

“No employee shall be harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful claim under this chapter.”

Proving retaliatory discharge is typically difficult, yet far from impossible. A worker will need to prove that he or she was fired and that the termination was caused, at least in part, by the fact that the employee was pursuing a workers’ compensation claim.

It is important for a Kentucky worker to understand that a worker is still required to abide by both the employer’s rules and the workers’ compensation rules. The retaliatory discharge law does not mean that a worker cannot be fired while pursuing or receiving workers’ compensation benefits. Instead, the law means that a worker cannot be terminated because he or she is pursuing or receiving workers’ compensation.

The law also protects a worker from harassment or coercion with regard to a workers’ compensation claim. For example, your employer cannot try to convince you not to file a valid workers’ compensation claim. Likewise, your employer cannot discriminate against you by doing things such as failing to promote you on the basis of your workers’ compensation claim.

If you have been injured on the job in Kentucky, or you believe you are suffering a work-related illness, and you are concerned about retaliation from your employer if you pursue a workers’ compensation claim, then you should discuss your concerns with an experienced Kentucky workers’ compensation attorney. If you have already experienced what you believe to be retaliatory conduct by an employer because of your workers’ compensation claim, you should also consult with a workers’ compensation attorney, as you may have the grounds for a lawsuit.

Sources:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=32437

http://abelllaw.typepad.com/kentucky_employment_law/2010/11/kentucky-workers-compensation-retaliation-punitive-damages-and-the-jural-rights-doctrine.html