Best Worker’s Compensation Retaliation Attorney Answer: If my boss fired me after I filed for worker’s compensation, what can I recover from worker’s compensation retaliation lawsuit? Can I get my job back if I was fired for getting hurt on the job? What kind of lawyer do I need to sue my employer for wrongful termination?
As our employment attorneys have previously discussed, under Ohio law, an employer cannot fire an employee because they have filed for Worker’s Compensation after a workplace injury. (Read Top Worker’s Compensation Retaliation Attorney Answer: Can I Be Fired For Not Taking a Drug Test?; or watch this Video on Workers’ Comp Retaliation Claims).
The Ohio statute which protects employees from Worker’s Compensation retaliation is R.C. § 4123.90, which states, in part, “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.”
Employees who file a lawsuit against an employer for Worker’s Compensation retaliation are limited to two remedies under the statute, back pay and reinstatement. Per the statute, “shall be limited to reinstatement with back pay, if the action is based upon discharge, or an award for wages lost if based upon demotion, reassignment, or punitive action taken.. “
Employees who are terminated and receiving disability payments for lost wages would have any payments of lost wages deducted from the award of back pay. A successful claim would allow the employee to recover attorney’s fees.
The hammer of attorneys’ fees will often get employers to discuss settlement, and the prospect of being forced to rehire the employee will often get employers to pay some front pay to avoid it.
Being hurt on the job is covered by Ohio’s Workers Compensation laws. Those laws protect the employers from getting sued in exchange for the benefits provided the employees. Additionally, it is plainly unlawful for employers to block access or attempt to dissuade employees from filing a WC claim. Employers will also be strictly liable for retaliating against employees that file a Work Comp claim. Such illegal retaliation includes being demoted, wrongfully disciplined, denied wages, or wrongfully terminated. If you have been fired or wrongly treated after filing a WC claim, then the best thing you can do is call the right attorney to schedule a free and confidential consultation at 866-797-6040. The Spitz Law Firm, and its attorneys are experienced and dedicated to protecting Ohio employees from retaliation after filing a Worker’s Compensation Claim.
The materials available at the top of this Worker’s Compensation Claim page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “how do I …?”, “Am I …?”, “what should I do if…” or “can my boss fired me for …”, it would be best for you to contact an Ohio attorney to obtain advice with respect to Worker’s Compensation retaliation questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, attorney Brian Spitz, or any individual attorney.