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Retaliation Claims Stemming From Workers’ Compensation

Although most employers and employees know that it is illegal to fire or demote an employee for discriminatory purposes like race or religious preferences, many don’t realize that it is also illegal to fire, demote, coerce or harass an employee for filing a workers’ compensation claim. Kentucky is an “at-will” state, which means that employers can terminate an employment agreement at any time, but firing an employee for bringing a workers’ compensation claim is prohibited.

At Roark & Korus, PLLC, we have a thorough understanding of workers’ compensation retaliation and other employment law matters. With more than 20 years of employment law experience in Lexington and the surrounding Kentucky areas, we can provide sound counsel and sophisticated dispute resolution services to our clients. Because we generally represent both employers and employees in employment law cases, we have insight and knowledge that can bring our clients’ claims to efficient resolution.

The Criteria For A Viable Claim

For an employee to bring a viable workers’ compensation retaliation claim against an employer, the employee must:

  • Prove they were filing a workers’ compensation claim
  • Prove the employer knew about the workers’ compensation claim
  • Prove that the employer either fired them or discriminated, harassed or coerced them into taking actions in the workplace
  • Prove that the firing, discrimination, harassment or coercion happened because the employee was pursuing a workers’ compensation claim and not for another reason

These are high standards for an employee to meet. In particular, if the retaliation involved a simple firing and no other retaliatory action, it can be difficult to establish that there was no other reason for the firing other than the workers’ comp claim.

Contact An Attorney To Discuss Your Case

Workers’ compensation retaliation claims can be complex and challenging. The first step is to talk with a lawyer about whether you have a viable claim. Email us today or call us at 859-534-7672 to schedule a consultation.