Employees in Kentucky have a right to file a workers’ compensation claim after sustaining an occupational injury. Unfortunately, some employers look unfavorably on those who exercise this right and try to seek vengeance.
They may treat you differently or take adverse action against you for filing your workers’ compensation claim. While this can be extremely distressing, remember that they have just committed an illegal act against you, and you can seek a legal remedy.
What are some signs of retaliation?
It can vary from case to case, but here are some indicators of workers’ compensation retaliation.
- Sudden changes in job duties
- Unwarranted negative performance reviews
- Exclusion from team activities
- Verbal or physical abuse
- Creation of a hostile work environment
A demotion or even termination without a valid reason may also indicate retaliation.
What can you do about it?
Kentucky employees are protected under KRS § 342.197, which prohibits employers from retaliating against workers who file compensation claims. If you suspect retaliation, document all incidents meticulously.
Consider talking with an employment law representative who can help you report your boss to the Kentucky Labor Cabinet or file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights.
What damages are available?
In many cases, victims of workers’ compensation retaliation are eligible for various financial damages. These include actual damages such as lost wages and benefits, as well as compensation for emotional distress.
Additionally, courts may award injunctive relief (position reinstatement, etc), and in egregious cases, punitive damages may be granted to deter future retaliatory actions.
You need not allow your employer to mistreat you after exercising your right to workers’ compensation. Someone who understands Kentucky employment laws can help you find a resolution.