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Your rights and workers’ compensation benefits

On Behalf of | Jun 2, 2022 | Firm News

Workers in the Louisville and Lexington areas who get hurt or sickened because of their job might not want to file a claim for workers’ compensation benefits, even though almost every employer in Kentucky is supposed to offer them.

For one, they might not think that filing for workers’ compensation will do any good. They might be worried about proving their injury was work-related. They may also be concerned if they feel like they were partially responsible for their own injury.

Other workers might feel that filing for benefits will make their employer upset. They may even have concerns about getting fired or facing other negative consequences after filing a work comp claim.

Employers in Kentucky may not punish employees for filing claims

Under Kentucky law, an employer may not fire or take other action against an employee if the employee files a workers’ compensation claim.

While employers do have the right to dispute a claim or certain aspects of it, they also may not harass or try to pressure a worker who has filed a claim.

It is worth pointing out, though, that employers may still punish workers for rule violations or other legitimate reasons.

If an employer violates this law, the employer may have pay to compensation, including a worker’s attorney fees.

Kentucky’s workers’ compensation system is no-fault

The laws of Kentucky also make the state’s workers’ compensation no-fault. With only a few exceptions, this means that even if a worker could have done a better job protecting themselves from an injury or illness, they can still get benefits.

A Kentucky worker who has been hurt or sickened because of their job is entitled to benefits for their medical bills and a portion of their lost income if they have to take time off of work.

They should strongly consider filing a claim for these benefits in order to get the financial help they need.