How can filing a Workers’ Compensation claim in Ohio Can affect your employment?
Workers’ compensation is a wonderful benefit that can help a person get through a rough patch if that person becomes unable to work in Ohio. It will provide the injured party with a portion of the pay that he or she is used to getting from the job until that person can recover from the injury that occurred. Anyone who is wondering what can happen to his or her job for going out on workers’ compensation can read this material to get a better idea.
An injured person will have to see a medical doctor before he or she can have a valid a claim for workers’ compensation. At that time, the doctor will give the person a diagnosis and a recommendation for going back to work. Light duty is something that one may be able to get if that person is capable of doing any work at all. That may be a smart thing to do, and here’s why: It is unlikely a worker will be replaced if he’s coming to work every day. It will be more in that person’s favor to show up for a few hours and file paperwork than it will if the person doesn’t work at all.
Technically speaking, a person’s job is not secure when he goes out on workers’ compensation. Many employers do hold jobs for workers who are out on leave. However, the ones that do not hold the jobs aren’t exactly violating the law. Anyone who has an at-will agreement with an employer can be fired for just about any reason. As long as it doesn’t go against a worker while he or she is in a protected class of citizens, they can terminate. So the answer to whether one can lose a job because of filing a worker’s compensation case is yes, in a roundabout way. Many people try to get around this by going on FMLA leave. FMLA leave is a protected leave, and firing an employee who is on it is against federal regulations.
Termination for Workers’ Compensation
Now, one thing that an employer cannot do is fire someone for pursing or collecting worker’s compensation. Employers are not permitted to retaliate in that manner. In that sense, people who go on leave are protected, but in another sense, they’re not protected because an employer can wait for someone to do something wrong and then terminate for that if they really wanted to. That’s not to say that an employer would do that, but the possibility is there.
Contact an Attorney for Additional Information
Anyone who needs help with figuring out the legalities of workers’ compensation can call an attorney and schedule a consultation. A lot of lawyers provide free initial consultations to people who have questions that are similar. A visit with an attorney who handles workers’ compensation is a very wise thing.