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Can My Boss Fire Me For Filing A Workers’ Comp Claim?

On Behalf of | Oct 13, 2016 | Workers' Compensation

If you are ever injured at work, you may worry about upsetting your boss and losing your job if you decide to seek workers’ comp benefits. Thankfully, this is not something you need to fear in Ohio.

In fact, Ohio law expressly states that an employer cannot fire, demote, reassign or take any form of punitive action against you simply because you have filed a workers’ comp claim or testified in a workers’ compensation proceeding. Furthermore, if your employer violates this anti-retaliation law, you may be entitled to seek:

  • Reinstatement to your job
  • Back pay, if you were fired
  • Lost wages, if you were demoted, reassigned or otherwise victimized by your employer’s punitive actions

In addition, in a recent case titled Onderko v. Sierra Lobo, Inc., the Ohio Supreme Court determined that an injured employee doesn’t have to prove that his or her injuries were actually work-related before he or she can bring a claim under Ohio’s workers’ compensation anti-retaliation statute.

You should seek help as soon as possible

If you believe you are the victim of employer retaliation, you need to act fast, especially since you only have 180 days after the alleged retaliatory actions to file your claim. If you wait longer than 180 days, you will be forever barred from bringing your retaliation claim, which is why you should contact an experienced workers’ comp attorney as soon as possible.

A skilled and knowledgeable lawyer can explain your rights and help determine what legal options exist given your circumstances.