Workers’ Compensation Retaliation
Protecting All Workers Against Wrongful Retaliation
Let’s talk about workers’ compensation retaliation laws with our employment law lawyers. Being hurt on the job is covered by Ohio workers’ compensation laws. Ohio lawmakers have set up workers’ compensation as a form of insurance to provide employees who are injured on the job with wage replacement and medical benefits regardless of who is at fault for causing the injuries. In exchange for getting these benefits, these injured employees give up their right to sue their employer in tort for negligence. As such, these workers’ compensation laws protect the employers from getting sued in exchange for the benefits provided to the employees.
Yet, many workers stay quiet when they are injured at work or on the job because they are afraid of getting fired. They work through pain or make injuries worse to avoid workers’ compensation. This shouldn’t be the case and the attorneys at Spitz, The Employee’s Law Firm fight for Ohio employees struggling with an injury and an underhanded employer.
Know Your Workers’ Compensation Protections
While Ohio is an at-will employment state, Ohio workers’ compensation laws make it illegal for your company, boss or manager to retaliate against you for filing a workers’ compensation claim. This same Workers’ Compensation Act law makes it against the law for your company, boss or supervisor to put in any policies or procedures that would make it more difficult or scare employees from filing a workers’ compensation claim.
This means that your boss or manager cannot wrongfully fire you, refuse to promote you, transfer you to a less desirable position or cut your pay just because you filed a workers’ compensation claim. Moreover, your manager, boss or supervisor cannot race to fire you as soon as you are hurt so that they can say the termination was not in retaliation for the filing of a workers’ compensation claim because such a claim had not yet been fired. This tactic is still unlawful and still amounts to workers’ compensation retaliation and wrongful termination. Nonetheless, the quicker you set up your workers’ compensation, the more protection you will have under the anti-relation provision of Ohio workers’ compensation laws.
Why It’s So Important To Act Quickly
The most important thing to remember about workers’ compensation retaliation claims under Ohio law is that there is a very short amount of time to initiate these claims – 90 days from the date of the first adverse action. If the workers’ compensation retaliation claim is not initiated within the 90-day period, you will lose the claim forever. Further, because initiating the claim may take several days to a week, it is best that you do not wait to contact a workers’ compensation retaliation lawyer.
Because of the short amount of time you have to bring a worker’s compensation retaliation claim, you should definitely not wait to call the right attorney if you find yourself saying or searching one of the following:
- I was fired for filing a workers’ compensation claim.
- Can I be fired for filing a workers’ comp claim?
- I was fired while I was out on workers’ compensation leave.
- My boss fired me right after I got hurt at work but before I could file a workers’ comp claim.
- The owner of my company told me that it could not afford another workers’ compensation claim and that he would have to let me go if I filed with the BWC.
- My manager told me that the company will pay for my medical bills if I don’t file a workers’ compensation claim.
- I want to sue my employer for workers’ compensation retaliation.
- My supervisor demoted me when I returned from workers’ compensation leave.
- My boss told me that he will fire me if I go to the hospital for my work-related injury.
- My job cut my pay after I filed a workers’ comp claim to cover the increase in their premium.
- I need the best workers’ compensation retaliation attorney in Ohio.
- I was wrongfully terminated for filing a workers’ compensation claim.
- What should I do if my boss threatens to fire me if I get medical treatment for my work injuries?
- I was fired today because I filed a small workers’ comp claim.
Spitz, The Employee’s Law Firm, offers attorneys who are highly experienced and qualified to fight your workers’ compensation retaliation suit. If you feel that your employer may be discriminating or retaliating against you because you filed a workers’ compensation claim or were injured on the job, then call the right attorney today for a FREE and CONFIDENTIAL initial consultation.
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Frequently Asked Questions About Workers’ Compensation Retaliation
Nobody should fear for their job when submitting an injury claim, but sadly throughout Ohio and across the country that’s exactly what happens. Here are some of the most commonly asked questions we field around workers’ compensation retaliation:
How Do I Prove A Workers’ Compensation Claim? What Evidence Do I Need To Show That I Was Wrongly Fired Today After I Was Hurt On The Job And Filed For Worker’s Comp?
What Should I Do If My Company Or Boss Tells Me To Lie About Where I Was Injured? Can I Be Fired If I Refuse To Make Up A Story About How I Got Hurt So That It Is Covered By Private Medical Insurance Instead Of Workers’ Comp?
If you are confronted with this common request by employers to lie about your injury, our Workers’ Compensation retaliation lawyers recommend always telling the truth to the emergency room or other medical provider (lying could put you in jeopardy for insurance fraud). However, if you are feeling absolutely compelled to follow your boss’s or manager’s mandate to lie, you should confirm the arrangement in writing by sending an email or text message that says something like: “I want to make sure that you told me that I should not file a WC claim for my work injury and that the company will pay all my medical bills and time off, and then I will have same WC protection. Please confirm so I know what to say at ER.” If your boss or manager confirms that arrangement in writing, at least you may have a claim for breach of contract. If your employer refuses to confirm that agreement in writing, you best tell the truth when you get medical treatment for your work-related injuries.
I Know That I Cannot Be Fired For Filing A Work Comp Claim, But What Else Does Retaliation Mean? Am I Being Retaliated Against For Filing A Workers’ Compensation Claim?
Can I Be Fired While On Leave For A Workers’ Compensation Injury? How Much Time Do I Get Off For A Work-Related Injury?
Can My Company Fire Me After I’m Injured But Before I Have A Chance To File My Workers’ Compensation Claim? Can My Boss Block A Wrongful Termination Claim By Firing Me On The Spot When I Am Injured At Work?
How Long Do I Have To File A Workers’ Compensation Retaliation Claim? Do I Still Have Time To Sue For Wrongful Termination If I Was Fired Last Month For Filing A Work Comp Claim?
How Do I Put My Job On Notice Of A Workers’ Compensation Retaliation Claim? What Is The Best Way To Notify My Employer About My Workers’ Compensation Retaliation And Wrongful Termination Claim?
It is also important that you not wait to contact a Workers’ Compensation retaliation claim attorney until just before the above deadlines so that the lawyers have sufficient time to prepare the proper documents and/or pleadings, and make sure that it is received timely by your employer or filed with the court.
How Much Will It Cost Me To Pursue A Worker’s Compensation Retaliation Claim? Can I Afford To Sue My Employer For Wrongfully Firing Me After I Filed For Worker’s Comp?
I Was Fired Because Filed A Workers’ Compensation Claim; Can I Sue? Do I Have A Claim For Workers’ Compensation Retaliation Or Wrongful Termination?
Protect Yourself and Call The Right Attorney™
It is plainly unlawful for employers to block access or attempt to dissuade employees from filing a workers’ comp claim. Employers will also be strictly liable for retaliating against employees who file a workers’ comp claim. Such illegal retaliation includes being demoted or wrongfully terminated. If you have been fired or wrongly treated after filing a workers’ comp claim, then the best thing you can do is call the right attorney to schedule a free and confidential consultation.