Ohio is an at-will employment state, meaning that an employer can dismiss an employee at any time without reason; however, an employee cannot be fired for filing a workers’ compensation claim. Doing so would violate anti-discrimination laws, namely Ohio Revised Code §4123.90, the Americans with Disabilities Act, the Ohio Civil Rights Laws, the Rehabilitation Act of 1973, and the Family and Medical Leave Act.
Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA are Ohio workers’ compensation lawyers who can help defend your rights if you have been unlawfully terminated after filing a workers’ compensation claim. Call us at (419) 625-7770 for a free consultation and let us help you.
It’s the Law and Employers Must Obey It
If you have been injured on the job by a risk or danger that could have been prevented, then you can seek benefits under the Ohio Workers’ Compensation Act. Still, employer discrimination after filing a workers’ compensation claim may include retaliation through employment termination. In other words, you employer might choose to penalize you for filing a claim by firing you, but doing so is against the law. Moreover, an employer cannot demote you for filing a claim because this, too, would be viewed as retaliatory.
You will need to prove a violation of the law has occurred if you believe you have been fired for filing a workers’ compensation claim. You will need to demonstrate that your employer’s action violated the law because there is no legitimate cause for your termination.
While the Ohio Bureau of Workers’ Compensation does not enforce anti-discrimination laws, it can serve as a source for injured workers seeking information about their rights. It can provide general information about the laws and refer individuals to the appropriate sources for assistance.
Contact Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA for Help
Getting hurt on the job is a serious situation, but an employer can further complicate matters by retaliating against you after you seek compensation for the injuries you incurred. Firing you without justification is breaking the law. If either you or a loved have experienced this kind of treatment, then contact Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. We can make certain you are treated fairly after a workplace accident that was no fault of your own.
Call us at (419) 625-7770 to schedule an appointment and take confidence knowing that we will make certain you get the best possible outcome.