Louisville Employment Law Blog

Not everyone feels secure in their job. If you do not, you might worry about claiming workers’ compensation benefits after a workplace accident.

While you may have valid reasons to worry about filing, based on the precariousness of your situation, or your employer’s track record, you have more support than you may realize.  You have the law on your side.

Kentucky law requires almost all employers to hold workers’ compensation insurance. Provided your employer is not in one of the few exempt categories, you have every right to claim, whether your employer likes it or not.

Most employers know that, and they know that refusing to file your claim could lead to problems. So, if they are unhappy about your claim, they may use underhand tactics to punish you. For instance:

  • They cut your hours
  • They cut your pay
  • They spread lies about you
  • They take away responsibilities
  • They pass you over for promotions
  • They leave you off group invitations
  • They give you a poor performance review
  • They assign you to the tasks nobody wants
  • They give you a lousy reference when you move on

 

Employment laws forbid employers from retaliating against you for claiming your legal rights. So, when you have the right to claim worker’s compensation, your employer is acting illegally if they take hostile action against you because of it.

Proving this may not be straightforward

Some employers are more cunning than others and disguise or try to justify their actions. That does not mean you should let them get away with it. You will need legal help to gather evidence to support your case and hold your employer to account.