Workers' Compensation Retaliation

If you were fired, demoted, or punished after filing a workers' compensation claim, that may be illegal retaliation — and it may be a claim separate from your injury benefits.

Your right to file a workers' comp claim is protected

Kentucky law makes it unlawful for an employer to harass, discipline, discharge, or otherwise retaliate against an employee for filing or pursuing a workers' compensation claim. KRS 342.197. You should never have to choose between getting the benefits you're entitled to for a workplace injury and keeping your job.

What retaliation can look like

• Being fired soon after filing a claim
• Being demoted, or having your hours or pay cut
• Being written up or disciplined on pretextual grounds
• Being harassed, threatened, or pressured to drop your claim
• Being pushed out after returning from an injury

What a retaliation claim generally involves

These claims usually turn on showing that you engaged in protected activity (filing or pursuing a workers' comp claim), that your employer took an adverse action against you, and that the two are connected. Timing, shifting or inconsistent explanations, and how other employees were treated can all matter.

This is separate from your injury benefits

Your underlying workers' compensation claim compensates you for the injury itself. A retaliation claim is different — it addresses the harm from being punished for exercising your rights, and it can allow for remedies such as reinstatement and lost wages.

How I help

I represent employees who were retaliated against for doing nothing more than reporting an injury and seeking the benefits the law provides. I'll look at what happened, explain whether you may have a claim, and pursue it on your behalf.

Talk to me about your situation

If your job changed after you filed a workers' compensation claim, contact the Law Office of Adam Johnson.