Retaliation for Filing a Workers’ Comp Claim is Illegal in Ohio

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Can My Employer Punish Me for Filing a Workers’ Compensation Claim?

As an employee in Ohio, you have a legal right to workers’ compensation benefits if you’re hurt at work.

Workers’ compensation provides medical treatment, awards, settlements, and income assistance so you can support yourself, recover and move on to the next chapter in life.

But if you file a workers’ compensation claim because you’re missing work and need expensive medical bills paid, can your employer hold it against you?

Ohio law says absolutely not: “No employer shall discharge, demote, reassign or take any punitive action against any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers’ compensation act for an injury or occupational disease which occurred in the course of or rising out of his employment with that employer.”

An employer clearly can’t harm your employment status because you got hurt at work. But some people might hesitate to file workers’ compensation claims for fear that their employer will penalize them.

Protect yourself after a job accident and injury by working with an Ohio workers’ compensation lawyer from Horenstein, Nicholson & Blumenthal (HNB).

Your lawyer helps guard against poor treatment by your employer. And if you do face retaliation, your lawyer can file an action against them. MOVE QUICKLY BECAUSE THERE IS A DEADLINE TO TAKE ACTION.

HNB attorneys have collected over $500,000,000.00 in awards, benefits and settlements for our injury clients. We help people who worked in any kind of job in Cincinnati, Cleveland, Columbus, Dayton and throughout Ohio.

“Helping me, that’s HNB.”

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How to Tell if You’re Facing Retaliation for a Workers’ Comp Claim

It can be difficult to tell if your employer is discriminating against you because you made a workers’ compensation claim.

If they took a detrimental action against you, they’ll likely say it has nothing to do with the workers’ compensation claim that you filed.

But if any of these things happen around the time of your workers’ compensation claim, there is cause for concern:

They cut your pay.
They reduce your hours.
They deny overtime.
They exclude you from key meetings.
They suddenly supervise you more closely.
They give you an unusually negative performance review.
They block you from a promotion.
They transfer you to a less appealing job.
They intimidate or threaten you.
They try anything else to make your job unpleasant.
They demote you.
They fire you.

Employers can get upset by workers’ compensation claims because it costs them money if they are self-insured for workers’ compensation purposes. And it could raise their premiums for workers’ compensation insurance in the future if they participate in the Ohio State Insurance Fund (OSIF).

None of that changes the fact that if you’re hurt at work in Ohio, you’re entitled to workers’ compensation coverage via a fully recognized Ohio Bureau of Workers’ Compensation (BWC) claim.

In fact, the workers’ compensation system was designed to protect both you and your employer. It gives you economic assistance for a job injury regardless of what caused the injury. And it protects employers from being sued over workplace accidents and injuries.

But if the employer egregiously violates your rights, that may be another story.

If you suspect retaliation by your employer because you applied for workers’ compensation, come to the Ohio work injury attorneys at HNB. We can look at your case, free of charge, and let you know your legal options.

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How to Handle a Case of Retaliation for a Workers’ Compensation Claim

Because it can be tricky to draw the connection from your workers’ compensation claim to your employer treating you badly, you need to take notes about everything you’re experiencing and save copies of documents related to the situation.

This includes:

Copies of performance reviews
Copies of emails and other notes from your employer over time, especially if they show how your employer’s tone changed
Emails or other correspondence with co-workers who might comment on your employer’s behavior
Official letters from your employer about changes in your job status (demotions, assignment changes and more)
All your workers’ compensation documents

It’s best when there are dates on the documents you gather because that can show the timing of your workers’ compensation claim and your employer’s retaliation.

Ohio law says you can go to court against your employer if you suspect retaliation for a workers’ compensation claim.

In court you can seek job reinstatement, back pay, and lost wages from demotions or reassignments.

MOVE FAST: The law says you must notify your employer within 90 days of their negative moves against you that you are alleging a violation, and you must file a legal action against your employer within 180 days.

Talk to the Ohio workers’ compensation lawyers at HNB right away. When you’re facing unfair, adverse and illegal action by your employer—all because you sought benefits that you have a right to receive—we’re here to protect your financial stability, your rights and your future.

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