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AREAS OF PRACTICE
 Auto / Car Accidents
Catastrophic Accidents
Medical Malpractice
Motorcycle Accidents
Nursing Home Injuries
Personal Injury
Product liability
Real Estate
Train Accidents
Trucking Accidents
Workers' Compensation
Wrongful Death
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The workers' compensation claims and settlement
attorneys at the Eschmann & Pringle P.A.
are dedicated to serve their clients in Kansas, including the cities of Topeka, Lawrence, Junction City, Emporia, Pittsburg, Wichita, El Dorado, Lenexa, Olathe, Kansas City, Overland Park, Merriam, Derby, Salina, Leavenworth, Manhattan, Great Bend, Newton, McPherson and Hutchinson, and the communities that make up Shawnee, Douglas, Geary, Lyon, Crawford, Sedgwick, Butler, Johnson, Wyandotte, Saline, Leavenworth, Riley, Barton, Saline, McPherson and Hays counties.
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WORKERS COMPENSATION l Frequently Asked Questions
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Question: Can My Employer Retaliate Against Me for Seeking Workers' Compensation
Benefits?
Answer: Workers' compensation laws are designed to provide benefits to injured employees. These laws also protect employers because workers' compensation benefits are the only method for injured employees to recover the costs of their injuries. Some employers, however, look down on employees who file workers compensation claims. Some employers even blatantly discriminate against these employees. Many states protect employees from employers who discriminate against, harass, or unjustly terminate injured employees who file workers' compensation benefits claims. These states allow employees to sue their employees in civil court for "retaliatory damage."
An employee may sue for retaliatory damage if he or she has been discriminated against or terminated because he or she filed a workers compensation benefits claim. In this kind of lawsuit, the employee must show that it was more likely than not that he or she was wrongfully terminated. However, the employee does not have to show that the workers' compensation claim is the only reason for the termination. A court will usually consider if the employer's action was based substantially or significantly on the employee's workers' compensation claim.
Retaliation may take other forms than discrimination. Retaliation may also appear as a demotion or a pay cut. Injured employees are protected from all types of discriminatory conduct immediately after an injury and even before they have filed a workers' compensation claim. An employee may be able to bring a retaliation lawsuit even if he or she didn't tell his or her employer about the workers' compensation claim. The best way to determine if you have a valid retaliation lawsuit is to contact an experienced workers' compensation lawyer.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
Copyright © MMVII JAKOBIE
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| If you would like to schedule a free initial consultation contact an Kansas workers' compensation attorney , representing clients in Manhattan, Kansas at the Eschmann & Pringle P.A..
Give us a call at (800) 952-0566 or email
us at info@echmannpringle.com. |
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