Posted on July 26th, 2012
A worker for the Union Pacific Railroad Co. was suspended after he reported being hurt on the job in July of 2011. He lost two teeth and had multiple facial wounds from train cars after coupled cars came undone and struck him.
However, The Occupational Safety and Health Administration have determined that the worker was not at fault and Union Pacific must pay over $38,000 to the employee. Investigators also found several other incidents involving other employees, though they were not injured.
It is illegal to fire or suspend an employee for filing a claim on a work related injury. However, an employee can be fired or suspended if their injury prevents them from being able to complete essential job responsibilities. Under Kansas worker’s compensation laws a worker can recovery temporary lost wages while they are off work if they have been taken off work by a doctor. An employee’s company has to pay their medical bills if they are injured on the job as well. Most employers have worker’s compensation insurance that pays for this. A worker is also entitled to money for their permanent injury. This money payment for injury is based on a schedule and was originally intended to make up for the wages that a person might lose due to an injury over the remainder of their working career. The payment used to represent the fair value of the lost capacity to earn income that was caused by the injury. Unfortunately, in Kansas big business has taken over the legislature and now worker’s compensation payments are only a token payment for injuries that destroy lives of worker’s and their families. In fact every major battle fought to preserve worker rights in Kansas has been viciously opposed by the Chamber of Commerce.
If you believe you have been fired or suspended due to a work injury claim, you deserve justice. Under Kansas law, terminating an employee for filing a worker’s compensation claim is called a retaliatory discharge claim. If you prove such a claim you are entitled to past and future wage loss and punitive damages.
If you have had a Kansas workplace injury that was not your fault and need medical treatment, you need an experienced professional who can help you get back on the road to recover. Call us today at 316-269-1414. Our Kansas work injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.
If you have questions on what you should be looking for when you are making a decision to hire a Kansas worker’s compensation lawyer, read our article located here.
Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.