Can I Be Fired For Filing A Workers' Comp Claim?

Can you be terminated by your employer for filing a Workers' Comp claim?

No, not legally. Employers are not allowed to fire for filing a claim. That constitutes retaliation, which is illegal. Injured workers can file lawsuits against such employers.

"At-will" employees. But employers are legally allowed to fire you during the claim period if they can point to other factors, such as performance or economic reasons, if the employee's status is that of an "at-will" employee. Employers must persuasively show that the workers' compensation claim was not the reason for termination.

You can see the problem. What employer will use the workers' comp claim as its reason for firing?

Contract workers. Many contract employees, when they are hired, sign contracts saying that they will be subject to termination if they are unable to perform their duties for an extended period. Employers are legally allowed to let people go if these contracts are in effect.

Do you automatically lose workers' comp benefits if you are terminated?

Not in Ohio. If you were injured on the job, you will continue to receive temporary total benefits (TTD) and permanent partial benefits (PPD). The important factor is that the injury occurred while you were working for the company.

Workers' comp law is as complicated as any other legal area, reflecting evolving state, multistate and federal rules and regulations. Workers' comp case law - past cases that are relevant to yours - is enormous. Your best bet when you have been injured on the job is to work with a lawyer who is knowledgeable in this complexity, and able to work the law to your advantage.

Can I be fired for filing a claim? Ask the workers' compensation attorneys at The Law Offices of Arnold S. Levine. In Cincinnati, call 513-322-2194. Or describe your work injury using this online form.