Filing a workers’ compensation claim is supposed to protect you after a workplace injury, not put your job at risk. However, employers sometimes retaliate against employees who seek benefits, yet it is against the law in Kentucky.
If you suspect retaliation, it’s important to recognize the warning signs and gather evidence to protect your rights.
Signs of workers’ compensation retaliation
Retaliation isn’t always obvious or outright. Some employers try to disguise it, but certain red flags can reveal the truth. They include:
- Sudden negative performance reviews – If you were a great employee before your injury, but now your work is ‘unsatisfactory,’ that’s suspicious.
- Job reassignment or demotion – Being moved to a less favorable position, especially without a valid reason, can indicate retaliation.
- Pay cuts or reduced hours – A sudden drop in pay or work hours, particularly if no one else is affected, could be punishment for filing a claim.
- Hostile work environment – If your employer or colleagues suddenly start treating you differently, isolating you or making comments about your injury, it could point to retaliation.
- Termination – While Kentucky employers can fire their workers at will, you should not be dismissed just because you filed a claim.
Recognizing retaliation is one thing, but proving it is another. Employers rarely admit they’re punishing you for filing a claim as it’s unlawful. Therefore, you need strong evidence to prove your case.
Proving retaliation
It helps to document everything. Keep records of any negative changes at work, including emails, performance reviews and schedule changes. Statements from colleagues who noticed the unfair treatment can also go a long way.
Additionally, compare your treatment to employees with similar roles. For instance, if they weren’t fired or demoted, it can strengthen your case. You’ll also need to show the connection between your workers’ compensation claim and the retaliation. If negative actions began soon after you filed, it’s a strong indicator that the two are linked.
If you’ve experienced employer retaliation for filing a workers’ compensation claim in Kentucky, familiarizing yourself with the law and seeking proper legal guidance can help you build a strong case and take the necessary steps to assert your rights.
