In Ohio, employment is generally considered “at-will,” allowing employers to terminate employees at any time for any reason – with one crucial exception.
Written into the Ohio Revised Code Section 4123.90 (paraphrased) states that no employer shall discharge, demote, reassign, or take punitive action against an employee because the employee filed a claim or participated in related activity.
If you’ve been fired due to filing a workers’ compensation claim, you may be eligible for reinstatement including back pay.
The back pay is offset by subsequent earnings and any payments received for temporary total disability, wage loss, or unemployment compensation.
If you weren’t fired outright, but were threatened with demotion or other punitive actions, you can often recover your lost wages offset by the same earnings that we just covered.
Retaliatory discharge situations aren’t always cut and dry. Employers seldom directly say, “I’m firing you because you filed a workers comp claim!” Instead, they may find another credible reason for your termination, such as chronic lateness or vague work-rule breach.
But if you are injured on the job, don’t be afraid to file a claim. Most employers don’t retaliate, and the protection provided by the claim itself may outweigh job security. Additionally, you may have other legal protections available, including union support, unemployment compensation, and potential lawsuits against your employer. Seeking legal counsel in such situations is advisable.
Thomas Marchese, an honored Columbus workers’ comp lawyer, can provide you with valuable insights into your situation. Consider scheduling a consultation.
