Car accidents are among the most common work-related accidents. It’s as easy to get into a crash while driving on-the-job as it is while going to the grocery store. On construction sites, vehicle back-over accidents are a leading cause of injuries.
If you find yourself injured and laid up after a car accident on the job, you might be worried about getting back to work. You might be concerned about getting fired if you are out of work too long. Can they do that?
You have protections in Kentucky if you have been injured while on the job and cannot immediately return to work. If your company is not helping you obtain workers’ compensation benefits after a job-related car accident injury, you need to contact a Kentucky workers’ compensation attorney as soon as possible. Most people who are employed in Kentucky are eligible for workers’ comp benefits, but some employers and insurers dispute workers’ compensation claims to try to avoid paying benefits.
It takes courage to fight for the workers’ comp benefits you are owed as you deal with a work injury. Having an experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer advocating on your behalf gives you the trusted guidance and Kentucky Courage you need during a difficult time.
Contact us today for a free consultation with an experienced workers’ compensation attorney.
Kentucky Law and Work Injuries
Kentucky is an at-will employment state. That means that employers can terminate employees at any time, with or without reason. Employees can quit at any time as long as there is no written employment contract to the contrary.
However, federal law and state laws protect workers from discriminatory firing based on age, race, national origin, sex, religion, or a disability that does not affect job performance or that can be reasonably accommodated.
Kentucky law prohibits firing an employee because they have sought workers’ compensation benefits. The KY Workers’ Compensation law says, “No employee shall be harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful claim.”
The state does not require employers to hold jobs open for injured employees while they are out of work and receiving workers’ compensation, though. An employer who has a legitimate reason for eliminating a workers’ comp recipient’s position, such as a reduction-in-force layoff or other business rationale, can legally do so. Employers are not required to provide the same job to an employee returning after recovering from a work injury.
If an employee can perform the essential functions of their job, they may be able to seek a reasonable accommodation that allows them to do the job. The essential functions of the job are the duties fundamental to the position or the reason the job exists. The Americans with Disabilities Act (ADA) requires private employers with 15 or more employees to accommodate disabled employees.
Accommodations are considered reasonable if they do not create an undue hardship on the employer. Employers have the right to decide what the essential functions of a job are and are not required to suffer financial harm to accommodate a disabled worker.
Let a knowledgeable workers’ compensation lawyer evaluate your injury and your rights to pursue workers’ compensation benefits after a work-related motor vehicle accident.
Workers’ Compensation Retaliation
If an employee has a workers’ compensation claim, Kentucky law makes it illegal for their employer to retaliate against them for seeking benefits. The employer may not:
- Harass them
- Coerce them
- Discharge them
- Discriminate against them in any manner whatsoever.
Discrimination in the workplace generally means treating an employee less favorably merely because of a protected trait, such as a disability caused by a work-related injury. Unlawful discrimination could include:
- Pressuring you to return to work before you have recovered
- Threatening to eliminate your job
- Failing to provide reasonable accommodations needed to perform your job
- Segregating you from other employees upon your return to work
- Withholding legitimately earned compensation, assignments, or promotions
- Creating a hostile work environment, such as by engaging in or allowing jokes or other abusive behavior meant to demean you for being disabled
- Denying you any other condition or privilege of employment available to others.
The remedy provided by Kentucky law for an employer’s discrimination against a workers’ compensation applicant or recipient is a lawsuit.
Car Accidents and Work Injuries
If you have been injured in a car accident that occurred during work or while performing work duties, you should qualify for workers’ compensation benefits. An accident that occurred while you were commuting to or from work may not qualify.
The workers’ compensation system in Kentucky is a no-fault insurance program. You qualify for benefits because you suffered injuries while you were performing duties within the scope of your employment, regardless of whether you were at fault or someone else.
If you or your co-worker were at fault for a car accident at work, you would be limited to filing a workers’ compensation claim. However, if someone else, such as another driver, caused the accident, you may be entitled to seek additional compensation through a personal injury lawsuit. An attorney can review the details of the accident and discuss your options.
You generally cannot sue your employer in this situation. The trade-off for requiring employers to provide no-fault accident insurance to cover work-related accidents is that employers cannot be sued for negligence that led to an employee’s injury. Others do not have this protection. You may be able to seek compensation for car accident injuries at work caused by anyone other than your employer, such as a
- Contractor
- Vendor
- Customer
- Member of the public.
Because Kentucky is a no-fault auto insurance state, you might need to exhaust your personal injury protection (PIP) benefits before filing a personal injury claim.
A workers’ compensation attorney from Morgan, Collins, Yeast & Salyer can help you determine how to maximize the compensation you receive for medical expenses and other losses after a work-related car accident.
What to Do If You’ve Been Fired
Most employers understand that they cannot legally fire injured workers simply for filing a workers’ compensation claim or collecting benefits. Unfortunately, this doesn’t stop some employers from making up reasons to discharge an injured employee who they think is costing them money through workers’ comp benefits.
If you have been dismissed from your job after filing for workers’ compensation, you need to document what happened and contact a knowledgeable workers’ comp lawyer without delay.
If you contact Morgan, Collins, Yeast & Salyer, we’ll meet with you promptly to discuss what has happened to you and your legal options. We’ll be ready to seek full compensation for you — from workers’ compensation and, in some cases, from a third party responsible for your injuries. We help eligible clients who have been diagnosed with a disability and cannot work seek Social Security Disability benefits, too.
We have recovered more than $400 million for injured people who were working and raising families before tragedy struck. We have seen the courage it takes to pick up the pieces and move forward after a devastating injury. We believe that you have the strength to do this, and our Kentucky Courage attorneys are here to help you.
Contact Morgan, Collins, Yeast & Salyer Attorneys Today
The Kentucky workers’ compensation lawyers of Morgan, Collins, Yeast & Salyer can help you pursue the full benefits available by law if you have suffered a workplace injury. We’ll determine which type of compensation you are eligible to claim and help with every detail so you can focus on your medical recovery. Contact us for a free consultation with one of our attorneys.
We have offices located across Kentucky in Lexington, Somerset, Manchester, London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton. Put our experience and Kentucky Courage to work for you today.
