Do not let employers commit workers’ compensation retaliation

On Behalf of | Aug 8, 2019 | Workers' Compensation Retaliation |

Kentucky workers are accorded various rights under the law. These laws protect them from wrongful termination, wage discrimination, sexual harassment, disability discrimination and more. If a worker is injured on the job or suffers from an illness or condition from the work they were doing, they may need to seek workers’ compensation benefits. Employers are not allowed to retaliate against employees who need workers’ compensation. Still, some will do just that to deprive the worker of those benefits and to dissuade other workers from doing the same. Having legal help is crucial to combat workers’ compensation retaliation.

Workers’ compensation benefits provide the injured employee with the financial help they need to be free from worry that they will suddenly be stuck with massive medical expenses and lost income that they cannot handle. Employers and their workers’ compensation insurers are expected to treat the worker within the confines of the law. Trying to coerce the employee from limiting the claim or not making the claim at all is illegal. Unfortunately, the employer might use various tactics to negatively impact the workers’ compensation claim.

Because some employees need extensive medical treatment, employers and insurers could mitigate that by making subtle or overt threats to the worker’s future employment. Other tactics such as demotion, implication that the injuries or illness are not legitimate and similarly underhanded behaviors can be attempted. Being retaliated against can be worrisome as employees could feel obligated to just get back to work and forget about the claim. This should not be accepted. A legal filing can not only get the worker the workers’ compensation benefits they need, but it can also recover damages for the mistreatment.

Employee rights are inherent and that includes protections against workers’ compensation retaliation. When the employer is trying to prevent a worker from seeking workers’ compensation or is denying a legitimate claim with no justification to do so, it is imperative for the employee to understand his or her rights. An employment law firm with experience in assisting those who have faced workers’ compensation retaliation may be able to help.

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