What to Do if You're Fired after Filing a Workers' Comp Claim

Dealing with a workplace injury is already stressful enough. What makes it worse is dealing with a difficult employer who believes they are justified in firing you because of this.

Did you know that they cannot do this? Despite the fact that Ohio is an at-will employment state, there are different rules that come into play regarding workers' compensation benefits.

Here's what to do if you're fired after filing a workers' comp claim:

The Difference: At-will vs. Contract Employees

Before getting into the specifics of what to do if your employer fired you as a result of the injury, it's crucial to look at some distinguishing factors and basic elements.

Given the fact that Ohio is an at-will state, you need to look at the differences between at-will and contract employees:

• At-will: Under these circumstances, employers are entitled to fire you for whatever reason they see fit and whenever. Don't panic, though; there are exceptions relating to workers' compensation claims.

• Contract: It is quite difficult to fire a contract worker as both parties need to stick to the terms stipulated in the signed agreement.

Therefore, firing an at-will worker is easier than firing a contract worker. However, in either case, you will often find that the employer is sneaky and will look for a way around the situation to terminate the employment relationship. They will never make it clear that it is as a result of the injury or you filing a workers' compensation claim. For more information, experienced workers comp lawyers in Columbus may be able to help.

How Do Employers Tend to React to these Situations?

Unfortunately, the reality is that most employers are not understanding in these situations. In fact, they may retaliate in nasty ways, such as:

• Demoting you

• Termination of your employment contract

• Reducing your wages or existing employee benefits

• Passing you up for promotions

• Reducing your work hours

• Reallocating you to a lower position

• Harassing you, making verbal threats, or making the workplace an uncomfortable environment for you

• Giving you unwarranted, poor performance reviews

Any of these actions is considered unacceptable! If the change in behavior is due to your work-related injury, you may have valid grounds to file a retaliation claim.

What can an Injured Worker Do after an On-the-job Injury?

Employees who experience retaliation for submitting an Ohio workers' compensation claim are entitled to job reinstatement with lost wages or back pay, as well as reimbursement for related legal costs.

Under Ohio law, you have 180 days to file a claim for damages and 90 days to inform your employer if you think they are retaliating against you for filing a workers' comp claim.

Regardless of the facts presented, the court may legitimately reject the claim if you fail to meet the required deadlines.

Consulting a reliable Ohio workers' compensation attorney is recommended in these instances. A lawyer can protect your rights and ensure you receive the workers' comp benefits you are entitled to while appropriately addressing the retaliation as well. They can consult on what to do if your doctor disagrees with the insurance company’s evaluation as well.

Some of the forms of evidence an attorney may obtain to build a case if you have been wrongfully terminated include:

• Statements from coworkers

• Copies of job performance reviews before and after the accident

• Your personal testimonials of how you were treated before and after the injury

• Any workplace documentation detailing reduced hours, termination notices, or other adverse actions

• Documentation of company policies

In the event that the accident has left you with a permanent disability, it is also advisable to provide evidence about any requests made to the employer to accommodate you, along with their response.

The Americans with Disabilities Act (ADA) states that employers have a legal obligation to comply with any reasonable accommodations. This could include anything from providing assistive equipment to an adjusted work schedule or hours.

Can You Receive Workers' Compensation Benefits if You Can't Return to Work?

Despite termination from an employer, you may still be entitled to receive workers' compensation benefits. In terms of the Workers' Compensation Act, you will not be eligible for temporary total disability benefits if your employer terminated your employment and you were cleared to return to work with no limitations on the duties you could perform. However, if you've been reassigned to light-duty or modified work, you may be eligible for wage loss benefits.

After your workers' compensation claim is granted, you might have to re-compensate the state if you received unemployment insurance benefits while your claim was pending. It is best to speak to a professional attorney regarding your obligations in this event.

Can Your Employer Fire You if You Return with Work Restrictions?

Generally speaking, your employer may give you a different job if you are unable to perform the duties of your former position due to work-related restrictions; however, the salary may not be as high. Rejecting it could make it difficult for you to get other workers' compensation benefits that could help you find another job.

Keep in mind that you just need to be disabled or injured while performing your job in order to qualify for workers' compensation. This is not the same as Social Security Insurance Disability benefits, where you must demonstrate that you have been unable to work for at least a year. Therefore, if your company wants to keep you on staff, it might be simpler for them to find a position that can meet your limitations.

Nevertheless, even if you filed a workers' compensation claim, your employer may still terminate you if you have work restrictions or if they cannot comply with any limitation placed on your ability by the doctor.

The good news is that there's a good possibility your workers' compensation benefits will be reinstated. It is often much simpler to demonstrate that you had not fully recovered at the time of your termination at work if the doctor had placed restrictions on your ability to work. If you have no other option but to look for a new job, you may also be entitled to vocational training and other forms of benefits. 

Contact our Experienced Workers' Compensation Attorneys Today!

Have you been fired for filing a workers' comp case? It is sad to say, but wrongful termination is not uncommon. Many employees are unaware of their rights after they've suffered a serious injury at the workplace.

That's why you need a dedicated and knowledgeable workers' compensation lawyer on your side. The skilled attorneys at Larrimer & Larrimer know how to negotiate with the workers' compensation insurance company and file a wrongful termination lawsuit on your behalf while you get back in tip-top shape.

Contact us today to file a workers' compensation claim or for a free consultation with one of our trained professionals.