Q If I file for Kentucky workers comp benefits at my job, will they try to fire me?
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, punitive damages, attorney's fees and costs.
Robert L. Abell has represented in lawsuits workers fired because they had filed or indicated that they intend to file a claim for workers compensation benefits. See Boyce Works v. LexTran and Kenneth Casey v. Milner Electric.