Fired Workers' Compensation Claimant Recovers $1.9 Million
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A Kentucky coal miner who was fired by his employer has obtained a verdict of 1.9 million dollars in a suit against his employer alleging he was fired in retaliation for filing a workers' compensation claim.
The coal miner broke his arm in October, 2003 while working in an underground mine. Even though his arm was in a cast, he continued to work for about four months.
In March, 2004 the injured worker's doctor told him that his arm was not healing properly. He stayed out of work for two months. When he was scheduled to come back to work in May of 2004, his employer, Rivers Edge Mining Company, fired him.
The worker claimed that he was fired in retaliation for his filing a workers' compensation claim. Kentucky law requires employers to reinstate employees when they return to work after they have been out of work on a workers' compensation claim.
The jury returned a verdict against the employer which included $171,697.00 in back pay, $513,410.00 for loss of future earnings, $200,000.00 for "aggravation, inconvenience, humiliation, embarrassment, and loss of dignity." In addition, the jury awarded $1,000,000.00 dollars in punitive damages.
Punitive damages are set by juries for the purpose of punishing the wrong-doer and setting an example in order to discourage future wrong doing.
North Carolina also has a law which forbids employers from firing workers' compensation claimants in retaliation for making a workers' compensation claim. Although it is usually difficult to prove that the reason for the firing was the fact the employee filed a workers' compensation claim, in the proper factual situation, these cases can be won.
If you or a loved one have a question about your rights when filing for workers' compensation, please contact us by filling out the above form.
For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.