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You can’t be fired for filing a workers’ compensation claim

On Behalf of | Feb 25, 2021 | Workers' Compensation

If you are an employee, you always have the risk of being injured on the job, regardless of whether you are in a so-called high-risk profession or not. While construction workers or factory workers may have a higher risk of a work injury than, say, an office worker, this does not mean that accidents can’t happen.

If you have been injured at work, it is important that you understand your rights, both as an employee in general and in terms of your ability to gain back workers’ compensation. While making a workers’ compensation claim is the right of any worker, many employees face backlash from their employers and are disincentivized to make a claim. If you are feeling worried that your employer may file you for trying to file a workers’ compensation claim, it is important that you start by taking action to understand your rights as an employee.

In Ohio, employers have certain obligations

If you are employed by an Ohio employer, they have the legal obligation to post notice of workers’ compensation rights. This means that you should be able to easily learn about your workers’ compensation rights in the workplace.

Your employer cannot retaliate against you by trying to file for workers’ compensation

Even if your employer does not believe that you have a valid workers’ compensation claim, they must still work with you so that you are able to file your claim. Remember that your employer is not a legal professional – they have no authority to tell you what type of injury constitutes a valid workers’ compensation claim, and they may be acting in bad faith. They may even threaten you with retaliation for trying to file a workers’ compensation claim, which is illegal. If this happens, you can take legal action by citing wrongful termination.

If you have been injured in the workplace, make sure that you take independent action to learn about the possibilities you have for gaining back damages.

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