Oh, no you didn’t: Discriminating against the injured worker

Workerscompensation.com reports that a Minnesota workers’ compensation claimant, recently recovered $111,000 in lost wages and emotional distress in addition to $250,000 in punitive damages for a total award of $361,000 against his employer, who terminated him after he suffered a work-related injury arising from a motor vehicle accident and filed a claim for workers’ compensation benefits.  Ostensibly, the employer alleged that the employee did not disclose previous injuries on his job application and terminated him. A jury subsequently awarded the injured employee $111,000 in dames for lost wages and emotional distress and another $250,000 for punitive damages.
In Kentucky, a civil remedy for such discrimination is provided for under KRS 342.197, which states, “No employee shall be harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful claim under this chapter.”  The statute further provides:
Any individual injured by any act in violation of the provisions of subsection (1) or (2) of this section shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual damages sustained by him, together with the costs of the law suit, including a reasonable fee for his attorney of record.
By |2011-06-09T19:15:00+00:00June 9th, 2011|