If you’ve been injured on the job in Ohio, and you’re contemplating whether it’s “worth it” to file a workers’ compensation claim, one of the main things that may be holding you back is a fear that you will put your job in jeopardy by doing so. This is a common concern, but it isn’t something that should prevent you from seeking the benefits you should be entitled to for your on-the-job injury.
Protection from Retaliation
Here in Ohio, workers who file claims related to workplace injuries are legally protected against termination or retaliation by their employers. This means that it is illegal for your employer to fire you, demote you, or take any punitive action against you (such as reducing your client list, or limiting your schedule to less lucrative times) as a result of filing a workers’ compensation claim for a workplace injury. Even here in Ohio, where employment is considered on an “at will” basis (meaning that employers have the right to fire or terminate an employee for almost any reason) workers are protected against termination as a result of a workers’ compensation claim. If you believe you have been fired or penalized at your job for filing a workers’ compensation claim, your rights will be protected under “wrongful termination”.
Wrongful Termination
Wrongful termination is the firing, demoting, or reassignment of an employee without cause — in this case, not because of a failure to do your job, failure to show up on time, or failure to meet the standards of your position, but rather, because you filed a claim for workers’ compensation against your employer. There are many reasons that your Ohio employer can dismiss you — but there are some reasons that are illegal, and firing you for filing a workers’ comp claim for your on-the-job injury is illegal. Your employer can face legal and financial consequences if they do this (but you will need to act quickly to protect your rights).
What You Can Do
If you have been fired, demoted, reassigned, or professionally punished immediately after a workplace injury, after filing a workers’ comp claim, after mentioning that you intend to file a workers’ comp claim, after successfully collecting benefits on a workers’ compensation claim or after consulting a lawyer to discuss the protections available to you under Ohio workers’ compensation law, you may have the ability to file a wrongful termination suit against your (former) employer in addition to your workers’ compensation claim. It’s important to note that if you are successful in pursuing your wrongful termination case, you may be entitled to having your lawyers’ fees paid by your (former) employer, as well. As with workers’ compensation claims the deadlines to file a wrongful termination suit are tight and inflexible. As soon as you believe you are subject to punitive action for filing a workers’ compensation claim, you should consult with an experienced, reliable local lawyer who can help keep things on track and on schedule.
How CTBC Can Help You Fight Back
Firing or punishing an employee after they have suffered a workplace injury is wrong, morally reprehensible, and illegal. Bad enough that you have suffered an injury due to your job, and you’re already dealing with the stress, complexity, and recovery from that, but to find yourself punished by your employer for exercising your legally protected rights is just awful. We are here to help. We are professionals when it comes to workers’ compensation claims and any wrongful termination suits that can grow out of these claims. We can help you document the situation around your accident and your termination. We can help present a cohesive, compelling case to the Bureau of Worker’s Compensation and to the Ohio court system. It can feel impossible to fight back against a powerful employer, but don’t let them win. Protect your rights by hiring us to fight for you. We’re here to make sure you won’t be taken advantage of in your most vulnerable moments.