Q Can I be fired if I file a claim for Kentucky workers compensation benefits?
The Kentucky workers compensation law prohibits employers from firing or retaliating in some other way against an employee that has filed or has indicated he intends to file a claim for workers compensation benefits. It is an unlawful and wrongful termination where a worker is fired in retaliation for filing a claim for Kentucky workers compensation benefits.
Although Kentucky workers compensation law prohibits firing an employee because they have filed or intend to file a claim for workers compensation benefits, it does happen. When it does, the Kentucky workers compensation law also provides that a suit may be filed and that the fired employee may recover lost wages (back pay), future lost wages (front pay) compensatory damages for pain and suffering and emotional distress and mental anguish, attorney's fees and costs.
Lexington, Kentucky employment lawyer Robert L. Abell has represented in lawsuits workers fired because they had filed or indicated that they intend to file a claim for Kentucky workers compensation benefits.