While receiving workers comp benefits, I was fired or laid off.
Generally, if you were receiving benefits when you were fired or laid off, you will continue to do so. However, if you were fired for disciplinary issues, you could lose them.
It may help if you understand that Workers Compensation is an insurance policy much like your home or auto insurance. Every Ohio business with employees must provide this insurance coverage. Like your home or auto insurance, your employer pays premiums for it. Maintaining an accident-free workplace typically results in lower premiums.
Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim.
Non-union employees are typically hired on an “at-will” basis, with some exceptions. Employers are not required to give any explanation when firing, and can simply restructure and eliminate your position and there is nothing you can do about it. There is an exception: If you are under contract, the contract might list acceptable reasons for firing you.
If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.
While receiving benefits, my employer went out of business or filed for bankruptcy.
This shouldn’t affect your benefits, as they are paid out by the Bureau of Workers Compensation.
While receiving benefits, my position was replaced.
Your employer does not have to hold your position open. If your role is essential to the functioning of the company, they have the right to replace you.
I was injured on the job, filed for benefits, and was denied.
You may be able to file an appeal.
Workers’ compensation laws are complex and updates are frequent, you are probably qualified for more benefits than you think. Filing incorrectly or incompletely can result in claim denial and/or abbreviated benefits.
If you have already filed, and your claim was denied or terminated, call attorney Tom Marchese for a free, no-obligation discussion.
