Retaliation for Filing Workers' Comp in Kentucky
Whether an employer in Kentucky can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: No employee may be harassed, coerced, fired or discriminated against in any way for filing and pursuing a lawful workers' compensation claim. KRS 342.197
| Retaliation for filing | No employee may be harassed, coerced, fired or discriminated against in any way for filing and pursuing a lawful workers' compensation claim. A worker harmed by a violation may sue in Circuit Court to stop the violation and recover actual damages, court costs and a reasonable attorney's fee. Source: KRS 342.197 |
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| Appealing a denial | A disputed claim is assigned to an administrative law judge (ALJ), who holds a benefit review conference and a formal hearing and decides within 60 days after the hearing. A party may ask the ALJ to correct a patent error by filing a petition for reconsideration within 14 days. A party may appeal the ALJ's final decision to the Workers' Compensation Board by filing a notice of appeal within 30 days after the decision is filed; the Board reviews the record and does not take new evidence. Board decisions may be appealed to the Kentucky Court of Appeals and then to the Kentucky Supreme Court. |
Where to get help in Kentucky
More Kentucky workers' compensation
- Filing a Workers' Comp Claim in Kentucky
- How Much Workers' Comp Pays in Kentucky
- Workers' Comp Settlements in Kentucky
- Suing Over a Work Injury in Kentucky
- Appealing a Denied Workers' Comp Claim in Kentucky
- All Kentucky workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Kentucky?
No employee may be harassed, coerced, fired or discriminated against in any way for filing and pursuing a lawful workers' compensation claim. A worker harmed by a violation may sue in Circuit Court to stop the violation and recover actual damages, court costs and a reasonable attorney's fee.
How do you appeal a denied workers' comp claim in Kentucky?
A disputed claim is assigned to an administrative law judge (ALJ), who holds a benefit review conference and a formal hearing and decides within 60 days after the hearing. A party may ask the ALJ to correct a patent error by filing a petition for reconsideration within 14 days. A party may appeal the ALJ's final decision to the Workers' Compensation Board by filing a notice of appeal within 30 days after the decision is filed; the Board reviews the record and does not take new evidence. Board decisions may be appealed to the Kentucky Court of Appeals and then to the Kentucky Supreme Court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.