Has Your Employer Retaliated Against You For Filing An Ohio Workers’ Comp Claim? You Have Rights.
As a worker, you have rights. Ohio law requires employers to maintain workers’ compensation insurance to provide wage benefits and medical benefits to workers who have suffered a work-related injury or illness.
Ohio employers are prohibited from retaliating against an employee who has filed for workers’ compensation benefits. An employer may not terminate, demote, fail to promote, harass or otherwise retaliate against an employee for filing a workers’ compensation claim.
If you think you may have been subjected to workplace discrimination, contact The Butler Trial Firm in Cincinnati, Ohio. An experienced employment law attorney at our firm can review the facts of your case and help you determine if you have a basis for legal recourse.
What Is Ohio Workers’ Compensation?
Ohio workers’ compensation is a state-managed insurance system that provides benefits to employees who suffer job-related injuries or illnesses. It is designed to cover medical expenses, lost wages and rehabilitation costs without requiring the worker to prove employer fault. In exchange, employees give up the right to sue their employer for negligence.
This system applies to most employees in Ohio and is overseen by the Bureau of Workers’ Compensation. Covered injuries may include:
- Sudden accidents
- Repetitive stress conditions
- Occupational illnesses developed over time
Benefits can include wage replacement, medical care and compensation for permanent impairments.
Workers must report injuries promptly and follow proper procedures when filing a claim. Delays or errors can lead to denials, making it important to understand how the process works and what documentation is required.
Protection Against Employer Retaliation
Ohio law strictly prohibits employers from firing, disciplining or retaliating against an employee for filing a workers’ compensation claim or receiving benefits. This protection helps ensure that injured workers can exercise their rights without fear of punishment. Employer retaliation can take many forms, including subtle or indirect actions. Common examples include:
- Wrongful termination after filing a claim
- Demotion or reduction in job responsibilities
- Unjustified negative performance reviews
- Reduction in hours or pay
- Harassment or hostile treatment in the workplace
These actions are unlawful if they are connected to a workers’ compensation claim. Employees who experience retaliation may have grounds for a separate legal claim against their employer.
Penalties For Employer Retaliation
If you have been wrongfully discharged, you may seek reinstatement, back pay and reasonable attorney’s fees. If you have been wrongfully demoted, you may seek reinstatement to your old position, plus lost wages resulting from the demotion and reasonable attorney’s fees. Back pay or lost wages will be subject to an offset for any wages you earned during the same period at another job. [Ohio Revised Code 4123.90]
You must give notice to your employer in writing within 90 days of the violation and you must initiate a legal action within 180 days, so it is critical that you contact a lawyer as soon as possible to protect your rights.
Why Choose The Butler Trial Firm In Cincinnati For Your Claim?
The Butler Trial Firm focuses on protecting injured workers and helping ensure they receive the benefits they are entitled to under Ohio law. We understand how complex claims can become, especially when benefits are delayed, denied or challenged by employers.
Key reasons clients turn to us include:
- Strong experience handling Ohio workers’ compensation claims from filing to appeal
- Careful case preparation with attention to medical evidence and documentation
- Strategic approach to resolving disputes with employers or the Bureau of Workers’ Compensation
- Consistent communication so clients stay informed throughout the process
Each case is approached with a clear plan tailored to the worker’s situation. This level of attention helps ensure that claims are handled properly and that clients understand their rights at every stage.
For Guidance, Contact Our Cincinnati Workers’ Comp Attorneys Today
To schedule a consultation with one of our Cincinnati workers’ compensation retaliation attorneys, call 513-909-3402 or contact us by email.