Can I Be Fired For Filing a Workers’ Compensation Claim in Kansas?

Being injured while on the job creates uncertainty and you may not be aware of what your options are for recovering and getting back to the workforce.  While the majority of Kansas employers are required to have workers’ compensation insurance to cover injuries that employees suffer while on the job, many employees still do not understand what workers’ compensation is, and what the consequences are of filing a workers’ compensation claim.

Many people fear that if they file a workers’ compensation claim, they will be at risk for losing their job.  This is certainly not the case, as the entire purpose of workers’ compensation is to keep a healthy workforce in Kansas.  Simply filing a workers’ compensation claim cannot be grounds for losing your job.  Having unemployed Kansas citizens is bad for the public welfare of the state and is bad for employers.  However, your employer is allowed to terminate your employment for reasons other than the fact that you have filed a workers’ compensation claim.

Therefore, you might have already filed a workers’ compensation claim for injuries you suffered while on the job, and your employer may decide to terminate your employment if there is another reason for doing so, such as the need to downsize for financial reasons.  Your employer must be able to demonstrate that your pending workers’ compensation claim has nothing to do with the reason your employment has been terminated.

The reason employers are able to terminate your employment at any given time is that more often than not your relationship with your employer is “at will,” meaning that either you or your employer may terminate the employment at any time for any reason.  Some employees do have employment contracts that limit the scope of how an employee can be terminated.  Regardless of what type of employment relationship you have, it is important that you discuss your workers’ compensation concerns with a qualified Kansas workers’ compensation attorney as soon as possible.

When filing a workers’ compensation claim, you want to ensure you are doing everything you can to get back to work as quickly as possible without compromising your health.  If you truly were injured while on the job, you should not be held responsible for covering the cost of your medical care, and lost wages.  If you fear that you may lose your job if you file a workers’ compensation claim, you should consider how this decision will affect your health.

Either you may decide to move forward without receiving treatment for your injury or illness, or you may be stuck with a mountain of medical bills by seeking medical treatment on your own.  The bottom line is that you should not fear what your employer may do if you file a workers’ compensation claim.  If you are terminated, your employer will have to prove that the decision to terminate your employment was completely unrelated to a workers’ compensation claim that you have filed.

Contact Kansas City Workers’ Compensation Attorney Michael R. Lawless Today for a Free Consultation

Workers’ compensation can be very confusing and stressful.  You may be feeling uncertain as to whether or not filing a workers’ compensation claim will adequately help you recover and get back to work.  You should fully understand your rights and obligations that are attached to filing a workers’ compensation claim before you actually decide to file a claim.  To better understand what to expect, and what you might receive after filing a workers’ compensation claim, you should consult with a Kansas workers’ compensation attorney right away.  Kansas workers’ compensation attorney Michael R. Lawless of Michael R. Lawless, PA, devotes his practice to helping injured clients get back on their feet.  To schedule a free consultation with Michael R. Lawless, contact our office today by calling locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.