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Tim Misny

Employer Retaliation Following a Workplace Injury

PROUDLY REPRESENTING VICTIMS OF BIRTH INJURY, MEDICAL MISTAKES, AND CATASTROPHIC ACCIDENTS THROUGHOUT THE UNITED STATES FOR 37 YEARS

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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.

This includes:

  • Firing
  • Laying off
  • Denying benefits
  • Reducing hours
  • Denying overtime
  • Reducing pay
  • Threats
  • Intimidation
  • Blacklisting

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!®

 

Summary
Article Name
Employer Retaliation Following a Workplace Injury
Description
If you have been injured at work and are afraid to file a workers' compensation claim for fear of termination, do not be! In the state of Ohio it is against the law to fire an employee if they file a worker's comp claim!
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