If you’ve been hurt on the job, filing a workers’ compensation claim may seem like the obvious next step. But many Kansas workers hesitate out of fear, specifically, fear of losing their job. Unfortunately, this fear is common and often based on misinformation. The good news is that the law is on your side. In Kansas, it is illegal for an employer to fire you simply because you exercised your right to file a workers’ comp claim.
At Riedmiller, Andersen & Scott, we’re committed to helping injured workers understand their rights and protect their livelihoods. If you're concerned about job security after an injury, this blog will explain what Kansas law says about employer retaliation, how to protect yourself, and what to do if you believe you’ve been wrongfully terminated.
What Is Workers’ Compensation?
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill due to their job. In Kansas, these benefits may include:
- Medical treatment for your injury or illness
- Temporary or permanent disability benefits
- Rehabilitation and retraining services
- Partial wage replacement during recovery
Nearly every employer in Kansas is required to carry workers’ comp insurance, and employees have a right to use this system without fear of retaliation or punishment.
Is It Legal to Be Fired for Filing a Workers’ Comp Claim?
No, Kansas law prohibits employers from retaliating against workers who file legitimate workers’ comp claims. This includes termination, demotion, reduction in hours, or any form of workplace retaliation. The Kansas Supreme Court has recognized wrongful discharge claims in situations where the firing violates public policy, such as penalizing an employee for asserting their legal rights under the workers’ compensation system.
In short, if you’re fired solely because you filed a claim, your employer may be breaking the law. However, that doesn’t mean an employer won’t try to justify a termination by citing other reasons, which is why documentation and legal support are so important.
What Employers Can, and Can’t, Do
It’s important to understand the difference between legal and illegal actions after a workers’ comp claim. Here’s a breakdown:
Legal Actions
- Terminating an employee for poor performance or misconduct unrelated to the injury
- Furloughs or layoffs that would have occurred regardless of the injury
- Reassigning duties if the worker is medically unable to perform previous tasks
Illegal Actions (Retaliation)
- Firing an employee because they filed a workers’ compensation claim
- Demoting or reducing hours as punishment for making a claim
- Creating a hostile work environment after an injury report
- Discouraging other employees from reporting injuries
If any of these illegal actions happen to you after you file a claim, it’s critical to speak with a workers’ compensation attorney as soon as possible.
How to Protect Yourself After Filing a Claim
Although Kansas law protects workers from retaliation, you should still take proactive steps to safeguard your job and strengthen your legal position:
- Report your injury immediately: Tell your supervisor or HR department about your injury as soon as possible. Delayed reporting can raise suspicion and create unnecessary challenges.
- Document everything: Keep records of all conversations, reports, medical visits, and claim filings. If your employer retaliates later, this documentation can be vital evidence.
- Follow medical advice: Attend all appointments, follow restrictions, and communicate regularly with your doctor and employer about your condition.
- Get legal guidance: An attorney can ensure your rights are protected and can act quickly if your employer crosses the line.
What to Do If You’re Fired After Filing a Claim
If you believe you were terminated because of your workers’ comp claim, don’t assume there’s nothing you can do. You may have grounds to file a retaliatory discharge lawsuit in Kansas. This is a separate civil claim that seeks damages for lost wages, emotional distress, and sometimes even punitive damages.
To succeed in a retaliatory discharge case, you must show:
- You were employed at the time of the injury
- You filed a legitimate workers’ comp claim
- You were fired shortly after filing the claim
- The firing was related to your claim, not for some unrelated reason
Timing and proof are critical. That’s why consulting with a lawyer immediately after your termination gives you the best chance of preserving evidence and making a strong case.
Other Forms of Employer Retaliation
While being fired is the most obvious form of retaliation, it’s not the only one. Other actions that could support a retaliation claim include:
- Being assigned to undesirable shifts or tasks
- Receiving unjustified write-ups or poor performance reviews
- Being excluded from meetings, training, or opportunities
- Harassment or bullying from supervisors or coworkers
If you’ve experienced any of these issues after filing a workers’ compensation claim, it’s worth having your situation reviewed by an experienced attorney.
Call Riedmiller, Andersen & Scott for Help With Your Workers’ Compensation Claim
At Riedmiller, Andersen & Scott, we understand that the fear of losing your job can make you second-guess seeking the benefits you’re legally entitled to. But you don’t have to choose between your health and your paycheck. Our team will help you file your claim, deal with your employer and their insurance company, and step in if your rights are violated along the way.
If you’ve been injured at work and are worried about retaliation, contact us today for a free, confidential consultation. We’ll review your case, explain your options, and help you take the next step with confidence.
