Oftentimes before I even contact a client to represent them, their first major concern is whether or not their employer can fire them because they filed a workers’ compensation claim.
In the state of Ohio, it is against state law for an employer to discharge an employee for filing a claim for workers’ compensation benefits; this is known as retaliatory or wrongful discharge.
There are anti-retaliation laws in Ohio that are meant to protect employees from punitive actions by their employer. Under the Affordable Care Act by OSHA, all employees are protected from retaliation.
- Laying off
- Denying benefits
- Reducing hours
- Denying overtime
- Reducing pay
Workers should contact an experienced attorney if any of the actions listed above are/have occurred with your employer following your work-related injury! Avoid being taken advantage of by the employer and seek legal assistance.
If you are questioning whether or not you can file a workers’ compensation claim after you have been fired from your job, there are several factors to consider.
A general rule following a work-related injury is to seek medical treatment first then file a claim with the BWC. The longer you wait to do this, the more difficult it can be to receive benefits approval if you file the claim after being terminated by your employer!
The BWC may be more inclined to believe you are filing the claim post-termination out of revenge. That is why you should always file the claim as soon as possible.
As your Ohio workers’ compensation lawyer, I’ll be there for you, and I’ll Make Them Pay!®