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Can I be Fired for Filing a Workers’ Compensation Claim?
By Pyle Law, December 09 2019 10:39 pm
Can I be Fired for Filing a Workers’ Compensation Claim?

Being injured on the job is something no one anticipates or plans. Not being able to work for even a short period of time can send many employees who are living paycheck to paycheck into a financial tailspin, affecting nearly every facet of their lives. If you are injured on the job and need help with a worker’s compensation claim or fear that you will lose your job for filing such a claim, you could benefit from a consultation with an experienced Kansas workers compensation attorney.

Requirements for Reporting a Work Injury

Most employers are required by Kansas law to carry workers’ compensation coverage for their employees. This coverage protects both you and your employer. It is within your legal rights to file a claim if you become ill from a workplace environmental issue or are injured while working. By hiring an experienced Kansas workers compensation lawyer to handle your claim, you could make the most of your benefits. 

As per Kansas Statutes §44-520, a written or verbal notice must be given to your employer after an injury in the workplace.  A workers’ compensation claim could be denied if an employee does not notify their employer within the earliest of the following dates:

  • 20 calendar days from the date of accident or the date of injury by repetitive trauma
  • 20 calendar days from the date that medical treatment is sought for the accident or injury
  • 10 calendar days after the employee’s last day of actual work for the employer, if the employee no longer works for the employer

Can You be Fired for Filing a Workers’ Compensation Claim?

Sometimes employees refuse to file a workers’ compensation claim out of fear of being fired or otherwise facing retaliation after filing a claim. While these fears are real, the law is on your side. It is illegal for a company to fire or otherwise retaliate against an employee for filing a workers’ compensation claim.  

Kansas law states that an employee cannot be fired, demoted, or otherwise discriminated against for filing a workers’ compensation claim in good faith. However, if an employer was already planning on terminating an employee with cause, they could still terminate that employee while they are out on workers’ comp. If you believe you have been let go from your job for filing a workers’ compensation claim, your first step should be to reach out to a skilled workers’ compensation attorney in Kansas.

Hire a Workers’ Compensation Lawyer in Kansas

Being injured at work can not only be debilitating, but it can also be isolating and overwhelming. You may have many questions about your rights when it comes to a workers’ compensation claim. Our legal staff can help you understand your rights and plan your next steps after being injured on the job. If you have questions about workers’ compensation insurance or fear retaliation for filing a claim, call Pyle Law today at 620-241-9000 or toll free at (888) 381-1155. You can also fill out our online contact form to schedule your consultation. 

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