Filing a workers’ compensation claim is a protected activity

On Behalf of | Nov 1, 2022 | Workers' Compensation Retaliation |

When you suffer injuries from a workplace accident, you have a right to claim workers’ compensation benefits. These benefits cover the medical expenses associated with your injuries and a portion of your missed wages.

However, not all employers are happy when you file for workers’ compensation benefits. It may have something to do with increased insurance costs or protecting the reputation of their business. Either way, it is against the law in Kentucky to retaliate against a worker for filing for benefits.

Signs of workers’ compensation retaliation

Your employer may be subtle with their retaliatory acts against you since they are probably aware it is unlawful. They may first appear indifferent, and soon, life at your job may start becoming unbearable. Some of your employer’s actions that may point to retaliation include:

  • Changing you to an unfavorable schedule or reducing your pay without cause
  • Giving you poor reviews or negative feedback about your performance in bad faith
  • A sudden unexplainable demotion or dismissal shortly after filing for compensation benefits
  • Being given unrealistic deadlines or targets
  • No longer being considered for a job promotion you were primed for based on your performance

Should you notice any of these signs, it is crucial to take appropriate action and safeguard your rights.

What should you do about employer retaliation?

Perhaps the best place to start is to gather relevant evidence. Your employer is likely to dispute your claims or justify their actions which is why it is worthwhile to document your ordeal. 

Afterward, you need to weigh your legal options in light of the prevailing circumstances. It may be beneficial at this point to reach out for guidance on how best to protect your interests and recover any losses you suffered.

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