Workers in Kentucky shouldn’t have to worry about retaliation if they’re hurt on the job and want to seek workers’ compensation. Unfortunately, some employers do retaliate, because they see it as a personal offense or are unhappy about the worker reporting dangerous work hazards.
It is not legal for your employer to treat you differently just because you make a workers’ compensation claim. Some of the actions that they cannot take and that may be seen as retaliation include:
- Changing your schedule to one that doesn’t work well for you
- Reducing your pay
- Terminating you
- Reassigning you to a position that is less desirable
- Demoting you
- Giving you a poor evaluation without reason
- Disciplining you while others are not disciplined for the same issues
If you have made a claim because you were hurt on the job, then your employer should not do anything that could be considered retaliatory. They should not do anything to harm you, and they should help you make your claim.
The law prohibits retaliation
The law prohibits retaliation in Kentucky and elsewhere in the United States. Your employer is not legally allowed to retaliate against you if you participate in any protected activity. That includes filing a workers’ compensation claim or reporting illegal activities in the workplace. Several other activities, including refusing to participate in illegal activities and complaining about discrimination or harassment, are also protected.
Retaliation has the potential to be subtle
Retaliation can be subtle. That means that your employer might do something like ask you to work longer than you’re capable of or asking you to return to work before you’re totally recovered. They might switch your position to one that pays less or change your schedule while acting like it’s in your best interests to do so.
If this happens to you, know that there are options available. You can talk to your attorney about the issues you’re having at work and what you should do next. If you gather enough evidence and supporting documents for your claim, you may be able to pursue a lawsuit against your employer for their behavior.
