When you’re injured on the job, you shouldn’t have to fear retaliation from your employer for filing a workers’ compensation claim. Unfortunately, many Ohio workers face retaliation from their employers after filing a workers’ compensation claim. This retaliation is illegal, and workers who experience such treatment have legal recourse through retaliation claims.
If you have faced adverse consequences from your employer after filing a workers’ compensation claim, contact an Ohio workers’ compensation attorney like Mark L. Newman. He is dedicated to standing up for employee rights and is here to help ensure you receive the consideration and compensation you deserve following a workplace injury.
Call (513) 533-2009 or reach out online today to schedule a consultation with Attorney Newman regarding your Ohio workers’ comp retaliation claim.
What Happens if I Get Fired While on Workers’ Comp?
If you are fired while receiving workers’ compensation, or you are fired simply for filing a claim for workers’ comp, you may be able to sue your employer for wrongful termination. Even though Ohio is an “at-will” employment state, an employer cannot terminate an injured employee solely because the employee filed a workers’ comp claim or is receiving benefits. This would be considered unlawful retaliation.
Retaliation for Filing Workers’ Compensation Claim
When an employee is injured at work, it is illegal for their employer to take “punitive action” against them because they’ve filed a workers’ compensation claim. This is referred to as employer retaliation. These adverse actions can include termination, demotion, reduction in pay, harassment, or other forms of workplace mistreatment.
Examples of Workers’ Compensation Retaliation
Some common forms of workers’ compensation retaliation that an injured worker might experience include:
- Firing
- Threatening termination
- Refusing to rehire
- Demotion
- Intimidation
- Passing up for promotion
- Decreased wages
- Assigning impossible, unfavorable, or painful job tasks
- Refusing to offer light-duty work
- Negative performance evaluations
- Negative professional references
- Blacklisting
- Relocation
- Removal of medical benefits
What To Do If You’ve Been Retaliated Against
If you have been retaliated against by your employer for filing a workers’ compensation claim, you may be able to file a workers’ compensation retaliation claim against your employer under Ohio Revised Code § 4123.90. This can allow you to recover compensation for certain damages, like lost wages, expenses, and legal fees, that you experienced as a result of the adverse action your employer took against you.
In order to file your claim, you should contact an Ohio workers’ compensation attorney like Mark Newman to help you through the process. Additionally, you should gather information, including:
- Your injury report and original workers’ compensation claim
- Communication between you and your employer
- Any negative performance reviews or performance reviews that mention your injury
- Communication between you and your co-workers
- Any notices of demotion, unfavorable work assignments, disciplinary action, or termination of employment
Your attorney will be able to help you gather this evidence and more to ensure you’re able to recover maximum compensation in your claim.
Filing a Workers’ Compensation Retaliation Claim
To file a workers’ compensation retaliation claim, you must give your employer written notice of a claimed violation of Ohio Revised Code section 4123.90 within 90 days immediately following the discharge, demotion, reassignment, or punitive action. An action may be filed in the common pleas court of the county where the injured worker is employed. All claims must be filed in common pleas court within 180 days of the adverse action.
The court may award damages limited to reinstatement and backpay if the action is based on a discharge, or lost wages if the claim is based on demotion, reassignment, or punitive action. I
Workers’ Comp Retaliation Settlements
Workers’ compensation retaliation settlements can include various forms of compensation and remedies, including lost wages, back pay, reinstatement of workers’ compensation benefits, and reinstatement of your former position or an equivalent position. The amount of benefits you’ll receive will likely depend on what kinds of benefits you lost out on as a result of your employer’s retaliatory actions. After analyzing the details of your case, a workers’ comp attorney with experience handling retaliation claims can provide you with a clearer estimate of what you may receive from your employer in a workers’ comp retaliation claim.
The Importance of Legal Representation for Workers’ Compensation Retaliation Cases
Having an attorney by your side through a retaliation claim can be crucial to your success. Your attorney will know exactly what constitutes illegal conduct and will be able to gather evidence to prove that your employer violated Ohio law. They’ll also be able to advocate for the best possible outcome on your behalf, ensuring you receive justice for your employer’s wrongful actions.
Legal representation also increases your chances of achieving a favorable resolution and ensures you have a knowledgeable advocate fighting for your interests throughout the process. Overall, an attorney can ensure that you are able to receive a fair outcome, even in the face of employer retaliation after an injury.
How Cincinnati Workers’ Comp Attorney Mark L. Newman Can Help
If you have been the victim of illegal retaliation following an Ohio workers’ compensation claim, contact Cincinnati workers’ compensation attorney Mark L. Newman. He’s more than willing to help you navigate the complicated workers’ compensation process to ensure you receive the benefits you deserve.
If your employer fails to comply with workers’ comp laws, Attorney Newman will help you gather evidence of their wrongful action and can help you file a claim. He’ll use his knowledge and experience in workers’ compensation to advocate for your rights and ensure you receive the best possible outcome for your claim.
If You’ve Been Retaliated Against for Filing a Workers’ Comp Claim in Ohio, Call Mark L. Newman Today
Injured workers deserve to receive appropriate workers’ compensation benefits to cover their losses, and they should not have to fear retaliation if they receive them. If you have received negative treatment from your employer as a direct result of filing for workers’ compensation, contact Attorney Mark L. Newman to learn more about your legal options.
Legal protections for injured employees have greatly increased since the first Workers’ Compensation Act was passed in 1911, but unfortunately, not all employers are willing to comply with state and federal workers’ compensation laws. Attorney Newman is here to ensure employers are held responsible for breaking workers’ comp laws and employees are able to file for workers’ comp benefits without fear of retaliation.
Whether you’re looking to receive benefits for your work-related injury or you already are and your employer is retaliating against you for doing so, Mark L. Newman can help. Call (513) 533-2009 or contact us online to schedule a meeting today.
