Can I be fired for filing a workers’ comp claim?
Know your rights as an employee
It is illegal for an employer to terminate an employee in Ohio because he or she filed a workers’ comp claim. That said, Ohio is an at-will employment state meaning an employee can quit or an employer can fire an employee for just about any reason not protected by Ohio or Federal law.
A very common reason for not filing a workers’ compensation claim is fear of employer retaliation. Unfortunately, the longer an injured worker waits to file a claim, the more difficult it often becomes to establish a causal relationship between the initial injury and the injured workers’ lingering symptoms. It is important to document an injury (and obtain copies of that documentation) at the time of the initial injury.
Proving your employer fired you in retaliation for filing a worker’s compensation claim can be difficult. The timing of a termination as it relates to the filing of the workers’ compensation claim is only one of many factors our attorneys consider when determining if a “wrongful termination” claim is appropriate to pursue. The law requires an employer receive notice any intent to file a wrongful termination claim within a very short time following the termination action.
Legal Counsel for Workers’ Compensation Matters
If you believe your employer fired you because you filed a claim for workers’ compensation, contact our experienced workers’ comp lawyers today for a free consultation. Remember, we only receive compensation if we are successful in obtaining benefits or damages for you.