Can You Be Fired While on Workers’ Comp in Ohio?

Can A Job Fire You For Being Sick? In Ohio, employees can usually be fired "at-will". That means an employer can end employment for almost any reason. But filing a workers’ compensation claim is a protected action, and the law protects against firing for this reason. If an injured worker files a claim for a workplace injury, the employer cannot legally retaliate by ending their job because of that claim.

Still, the rules around workers’ comp, compensation claims, and termination can feel complicated. Understanding how the workers’ compensation system works, and how a workers’ comp lawyer can help, is the best way to ensure you protect your rights.

Understanding Workers’ Compensation and Termination

Workers’ compensation in Ohio covers medical care and some wage loss after a workplace injury. It is designed to cover

  • medical bills,

  • lost wages, and

  • provide disability benefits when someone is injured on the job.

Filing a claim is a right, not a privilege, under workers’ compensation federal law and state statutes. Whether you suffered a workplace accident, repetitive motion injuries, or another type of injury or illness, you may be eligible to receive workers’ compensation benefits.

The law allows claims regardless of fault, meaning that even if the injured worker contributed to the accident, they may still qualify for compensation. Retaliation for filing or participating in a claim is not allowed. Workers’ compensation attorneys frequently see cases where employers or insurance companies try to pressure employees into dropping claims, but compensation attorneys can help ensure your best interests are protected.

Ohio Revised Code and Legal Protections

Ohio Revised Code § 4123.90 provides protection. It says employers are not required to keep a worker indefinitely, but an employer must not retaliate, fire, demote, or discipline someone for filing a workers’ comp claim. It also prohibits discriminatory employment action like cutting hours or threatening termination because of a claim.

Examples of retaliation include:

  • Firing after a workers’ comp claim is filed.

  • Reducing hours or demoting as punishment.

  • Passing over for promotion because of the injury or medical condition.

  • Harassment or discrimination and harassment due to the injury or illness qualifies as retaliation.

If you suffered a workplace injury and believe retaliation is happening, consult an attorney right away. A workers’ compensation lawyer can help file a retaliation lawsuit and pursue the compensation you deserve.

Can a Job Fire You for Being Sick in Ohio? Employers’ Right to Lawful Firing

Meaning employers still have the right to make certain employment action decisions if they are unrelated to the workers’ compensation case. Examples include:

  • Business closure or layoffs impacting all employees.

  • Documented poor job performance or misconduct.

  • Job elimination for legitimate business reasons.

The basis should not be tied to the comp claim. If an employer broke the law by masking retaliation as discriminatory firing, an experienced attorney might help prove it. In these cases, a worker may pursue a legal claim for wrongful termination under state and federal law.

Supreme Court Rulings on Workers' Comp

Recent Ohio Supreme Court rulings highlight that if a worker is terminated for violating safety policies, this may impact ongoing disability benefits. For example, if someone is fired for misconduct unrelated to the accident, they may lose eligibility for continued payments.

The key factor is whether job loss is directly tied to the workplace injury or to unrelated behavior. Workers’ comp lawyers help determine whether termination is lawful under the law protects provisions of the statute.

If You Think You Were Wrongfully Terminated

If a firing happened soon after a comp claim, collect all evidence. Save emails, memos, or a doctor’s note that supports your case. Then, schedule a free consultation with a workers’ comp attorney. Compensation may include back pay, reinstatement, or recovery of lost benefits.

Ohio law requires action within 180 days of the retaliatory employment action. Missing deadlines could bar you from pursuing your legal claim.

Remember, under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), certain rights may overlap. For example, the FMLA leave allows up to 12 weeks of unpaid leave for a serious health condition or to care for a family member. If you need time off due to a chronic illness, medical leave, or sick leave, your employer must comply with federal law if you are eligible.

Why Hire a Workers' Compensation Lawyer

Retaliation can be subtle. A boss fire excuse may sound unrelated, but a skilled lawyer may uncover retaliation. Workers’ compensation lawyers protect your rights by:

  • Reviewing employment action records.

  • Proving discrimination based on disability or retaliation.

  • Helping you understand whether your illness qualifies under FMLA or ADA.

They can also explain how at-will employment works, and when at-will means an employer can fire for “almost any reason,” but cannot be fired for a protected claim.

An experienced attorney can help determine whether time off for medical reasons is protected under FMLA, or whether reasonable accommodation is required under the ADA prohibits discriminatory actions.

What a Workers Compensation Attorney Can Do for You

A workers’ compensation attorney will:

  • Gather records including doctor’s reports.

  • Assess seriously ill conditions.

  • Determine whether leave is protected.

  • Challenge employer can ask certain questions about your medical condition.

  • Defend against retaliation and wrongful termination.

They can also explain when an employer cannot require certain disability-neutral questions, when an applicant may self-identify, and when employers with 15 or more employees must comply with the ADA.

Finding the Right Workers’ Comp Lawyer

When choosing representation, look for a law firm that:

  • Handles both compensation claims and discrimination cases.

  • Provides advice on eligibility for FMLA or ADA coverage.

  • Explains whether your medical condition qualifies for unpaid leave.

  • Guides individuals with disabilities through the process of requesting reasonable accommodation.

The right law firm helps ensure employment action against you is not discriminatory and that termination is legally challenged.

When You Must Act

If you suspect retaliation or wrongful termination, act quickly. HR is required to respond to complaints, but consulting a lawyer ensures deadlines are met. Filing a lawsuit may protect your employee’s rights under both state and federal law.

Why Spears and Marinakis LLC?

Spears and Marinakis LLC represents injured workers across Ohio. The firm also handles discrimination and harassment, anti-discrimination claims, and cases where an employer refused to hire or terminate a person with a disability. They understand disability-neutral questions, engages in affirmative action, and how to fight back when employment action is prohibited by federal law.

Secure Your Legal Rights With a Workers’ Compensation Lawyer

If you were fired in Ohio for taking sick days, time off, or requesting an accommodation, the law protects you. Under ADA, FMLA, and workers’ compensation laws, employer must not retaliate against you.

Whether you need time off for medical treatment, taking time off due to a disability, or proving you can still perform the essential functions of the job with adjustments, an attorney can help. If your illness qualifies, your leave is protected.

Schedule a free consultation today with Spears and Marinakis LLC to protect your rights, challenge retaliation, and pursue a strong legal claim.