Most employment situations are “at will” (although this varies by state). This means that your boss can end your employment for almost any reason. In some cases, your employer does not even need to provide a reason for your termination. Ohio is one of the states in the US with “at will” employment.
By that same token, you, as an employee, can similarly resign for any reason (or for no reason at all).
That said, your employer cannot fire you simply because you made a workers’ compensation claim.
The employer CAN, however, fire you while you have a workers’ comp claim open. They just need to show that they had other reasons for ending your employment at that time.
Unfortunately, you may, at some point, be put in a situation in which you might be forced to file a workers’ compensation claim. For instance, if you see a doctor, using your own private health insurance, for a work-related injury, your private health insurance company may refuse to pay for the visit or subsequent treatment relating to the injury due to its root cause being from your workplace. Your only option at that point would be to file a workers’ compensation claim in order to receive the care you require without having to pay for your treatment out-of-pocket.
Retaliation
Your employer is not allowed, under law, to end your employment because you reported an injury on the job, or because you filed a workers’ comp claim. If such a termination were to happen, you would have standing to sue your employer for wrongful termination. If you feel this has happened to you, you should collect whatever documents and other evidence you can gather to support your case and contact a workers’ compensation attorney.
Such a termination would be considered “retaliation” for filing a claim, and this is prohibited by statute.
However, it remains difficult to prove that the actual reason for your termination was the filing of a workers’ compensation claim – your employer can claim any number of other “reasonable” justifications for firing you that just “happen” to coincide with your workers compensation claim. For instance, if your employer is laying off many people at once, then the employer has an argument that you were let go as a result of downsizing that just happened to coincide with your claim.
MMI
MMI stands for Maximum Medical Improvement. This term describes the moment at which your condition is deemed to no longer be able to improve with additional medical care. This is the moment at which you are as recovered as you will ever be from your injury — that is when you enter into the condition of MMI. While your workers’ comp claim is open, you may be entitled to benefits (such as temporary total disability) until you reach MMI.
Work Restrictions
Let’s say your doctors have determined that you have reached MMI, meaning that their treatment will not improve your condition any further. And let’s say that in your current condition, you cannot fulfill the duties of your previous job in the same way that you could before your injury.
You and your doctor should then discuss if you have any permanent work restrictions as a consequence of your limited recovery. If you do, then you and your employer would talk about these restrictions. In accordance with the Americans with Disabilities Act (ADA), in some circumstances, your employer must make a reasonable effort to adapt your job in such a way that you can continue to work with your new restrictions. This may mean you need to take short breaks, or that you need a special desk or chair to accommodate your back or neck. Every case is different, and it is important that you speak with an experienced workers compensation attorney to discuss your rights.
What if You Can’t Work at All?
If the worst should happen, and you are unable to work in any capacity due to your work-related injuries, your best option may be to apply for Permanent Total Disability (PTD) benefits. If you are planning to take your claim to this level, it is best to know that this is a benefit of last resort, and it is not granted lightly. You will need medical evidence, which indicates that you are incapable of performing sustained gainful employment of any kind within your level of knowledge, education and experience. In all likelihood, you will need an experienced attorney to help with this process.
Whatever challenges you might be facing navigating the world of workers compensation law, the experts here at CTBC can help. Whether you believe you’ve been wrongfully terminated in retaliation for making a workers’ comp claim, you’re uncertain about your future due to MMI or necessary workplace accommodations, or if you’re facing the daunting task of making a claim for PTD, we can use our decades of experience to help you get the greatest benefit to which you are entitled. Call us today to learn more.