Can You Be Fired While on Workers’ Comp in Ohio?
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 forbids 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 law. 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 be entitled to workers’ compensation. Retaliation for filing or participating in a claim is not allowed. Workers’ compensation attorneys frequently see cases where employers or workers’ compensation insurance carriers try to pressure employees into dropping claims, but compensation lawyers can help ensure your best interests are protected.
Ohio Revised Code and Legal Protections
Ohio Revised Code § 4123.90 provides protection. It says employers cannot fire, demote, or discipline someone for filing a workers’ comp claim or participating in a related proceeding. It is also unlawful to reduce pay, threaten termination, or cut hours because an employee filed a comp claim.
Retaliation examples include:
Firing after a workers’ comp claim is filed.
Reducing hours or demoting as punishment.
Passing over for promotion because of the workplace injury.
Harassment due to the injury or illness.
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 claim and pursue the compensation you deserve.
Employers’ Right to Lawful Firing
Employers still have the right to make certain employment decisions if they are unrelated to the workers’ compensation case. Examples include:
Business closure or layoffs impacting all employees.
Documented poor performance or misconduct, unrelated to the workplace accident.
Job elimination for legitimate business reasons not tied to the claim.
The law requires valid, non-discriminatory reasons for termination. The basis should not be connected to the workers’ compensation action. If an employer claims poor performance as the reason, but the timing suggests retaliation, an experienced attorney can help you navigate the claim process and prove retaliation occurred.
Supreme Court Rulings on Workers' Comp
Recent Ohio Supreme Court decisions clarify that if a worker is terminated for violating company policies or other documented causes not tied to their injury, they may not be entitled to ongoing temporary total disability compensation. For example, if construction workers are fired for refusing to follow safety rules, this could impact their workers’ compensation case even if they were injured at work.
The key factor is whether job loss is a direct outcome of the injury or unrelated conduct. Workers’ comp lawyers help injured workers just like you by evaluating whether your termination was legal under workers’ compensation law.
If You Think You Were Wrongfully Terminated
If a firing happened soon after a comp claim, collect all communications and details. Save emails, text messages, and any memos from your employer. Then, schedule a free consultation with a workers’ compensation attorney. Compensation can include:
Back pay.
Reinstatement.
Lost benefits.
Pain and suffering caused by wrongful termination.
Ohio law sets a deadline: typically 180 days from the retaliatory action to contest under § 4123.90. Lawyers can help you act quickly to avoid losing your rights.
Why Hire a Workers' Compensation Lawyer
Retaliation can be subtle. Employers rarely admit the true reason. A workers’ compensation lawyer knows the signs, finds evidence, and protects each step of the process.
Important services a workers' compensation lawyer provides include:
Reviewing employer actions for retaliation.
Filing workers’ compensation claims and appeals fast.
Representing injured workers at hearings before the Bureau of Workers’ Compensation.
Seeking total disability benefits when you are unable to work.
Ensuring all filings meet deadlines.
Working with a skilled attorney is the best way to ensure your comp case is handled correctly. An experienced workers’ compensation attorney can help prevent mistakes, missed claims, or lost legal rights.
What a Workers Compensation Attorneys Can Do for You
Every compensation case is different. A workers’ compensation lawyer will:
Gather documents and witness statements.
Review medical treatment records and your work history.
File retaliation claims as needed.
Fight for your job and lost wages.
Defend against employer delay tactics.
The right compensation attorney can help you avoid unfair denials and prolonged stress. By working on a contingency fee basis, most comp lawyers only get paid if you win, making legal help more accessible for injured workers.
Finding the Right Workers' Comp Lawyer
Finding the right workers’ compensation lawyer is essential when facing work-related injuries in Ohio. Choosing wisely can improve your chances of securing fair treatment and full compensation.
Qualities to look for in a workers’ comp attorney:
Experience fighting retaliation in Ohio. A workers’ compensation lawyer familiar with retaliation claims understands how employers and insurance companies operate.
Focus on compensation law. Workers’ comp claims are very different from personal injury lawsuits. A lawyer who concentrates on workers’ compensation cases knows the system, deadlines, and appeal process better than a general attorney.
Proven results for injured workers. Look for workers’ compensation lawyers with strong results and positive testimonials from clients who were injured at work.
Spears and Marinakis LLC offers all of these qualities to clients across Ohio, advocating for injured workers with focus, experience, and a commitment to achieving fair results.
When You Must Act
If you think a firing or job action was unfair after you suffered a workplace injury, don’t delay. You must act before deadlines run out. Call Spears and Marinakis LLC and schedule a consultation with a trusted workers’ compensation attorney. Don’t risk missing compensation or valuable legal protections.
Steps to Take After a Firing on Workers’ Comp
Save written notices from your employer.
Keep copies of all workers’ compensation case papers.
Contact a workers' compensation lawyer right away.
Don’t sign anything or quit without legal advice.
Consult with a workers’ comp attorney before making any decision that could impact your benefits.
Following these steps helps ensure injured workers receive the compensation they are entitled to under workers’ compensation coverage.
Why Spears and Marinakis LLC?
Spears and Marinakis LLC focuses on workers’ compensation law across Southern, Southwest, and Central Ohio. The firm has thousands of successful cases and over 70 years combined experience. Attorneys from Spears and Marinakis LLC dedicate our time to helping injured workers receive the compensation they deserve.
The team’s strengths include:
Deep legal knowledge of Ohio’s workers’ compensation act.
Experience challenging unfair terminations and pursuing comp appeals.
Personalized care for each compensation case.
Record of recovering benefits for many Ohio workers.
Secure Your Legal Rights With a Workers' Compensation Lawyer
If an Ohio worker gets fired while on workers’ comp, the law protects them from losing a job for filing a workers’ compensation claim. But employers sometimes try to hide retaliation behind performance reviews or layoffs. This is a serious legal matter.
A trusted workers’ compensation lawyer can help determine if your firing was lawful or if your rights were violated. Spears and Marinakis LLC has decades of experience representing injured workers against unfair terminations. A skilled attorney can help you navigate the workers’ compensation process, file a comp appeal, and seek back pay or reinstatement.
Take all documents to your free case evaluation. Let an experienced workers’ compensation attorney protect your legal rights and pursue the compensation you deserve. Don’t wait if you think your termination was connected to your workers’ comp claim schedule a free consultation today.