Can my employer retaliate against me for being injured at work or filing for workers' compensation?

Can my employer retaliate against me for being injured at work or filing for workers’ compensation? Ohio Workers’ Compensation Retaliation Attorney

If you have experienced retaliation following a workplace injury, contact our Ohio workers’ compensation retaliation attorney

As an Ohio workers’ compensation retaliation attorney, I often receive calls when an employee has been retaliated against following a workplace injury when their employer terminates their employment or otherwise retaliates. Workplace injuries can be very costly to employers because they may result in a variety of workers’ compensation benefits to the injured employee depending on the severity of the injury, the work missed as a result of the injury, and many other factors. Although our firm does not handle the workers’ compensation aspect of workplace injuries (but we will put you in touch with attorneys who do handle such matters), we regularly handle cases where employees have been retaliated against by their employer for filing or pursuing workers’ compensation benefits.

Ohio law protects employees from retaliation for filing or pursuing workers’ compensation benefits. The statute may be found in O.R.C. 4123.90 and it provides:

  • No employer shall discharge, demote, reassign, or take any punitive action against any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers’ compensation act for an injury or occupational disease which occurred in the course of and arising out of his employment with that employer.

If an employer retaliates against an employee for filing a claim or instituting, pursuing, or testifying in proceedings related to a workers’ compensation claim, the employee has a claim for workers’ compensation retaliation under O.R.C. 4123.90. If you have been retaliated against, you may be entitled to reinstatement with back pay or lost wages, plus attorneys’ fees.

There are very specific and short time limits for taking action if you have been retaliated against following a workplace injury. Therefore, it is imperative that you contact an Ohio workers’ compensation retaliation attorney immediately if you have experienced retaliation. As mentioned, our firm often handles cases where our clients have been retaliated against for filing or pursuing workers’ compensation benefits after an injury. Contact our office today to speak with an Ohio workers’ compensation attorney about what is occurring in your workplace.

 

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