Can You Be Fired for Filing Ohio Workers’ Comp?

Ohio law protects workers from retaliation for pursuing a claim

An Ohio employer cannot lawfully punish an employee because the employee filed, pursued or testified in a workers’ compensation proceeding covered by Ohio Revised Code 4123.90. The protection extends beyond firing: the statute also addresses demotion, reassignment and other punitive action taken for that reason.

That does not mean a workers’ compensation claim guarantees continued employment in every circumstance. The important question is why the employer acted and which employment protections apply. A termination following an injury deserves a careful review, but timing alone does not establish an unlawful motive.

The 90-day notice and 180-day lawsuit deadlines

For an action under ORC 4123.90, the employer must receive written notice of the claimed violation within 90 days after the discharge, demotion, reassignment or punitive action. The lawsuit must be filed within 180 days after that action. These periods concern the employment action, not the deadline for filing the underlying injury claim.

Do not assume that a workers’ compensation appeal, an HR discussion or a benefits application satisfies the statutory notice. Have the employment action, dates, notice recipient and delivery evidence reviewed promptly. Other possible legal claims may have different requirements; these two periods describe the statutory workers’ compensation retaliation action.

What evidence helps explain why the employer acted?

Begin with a dated sequence of events: the injury, report to the employer, claim filing, work restrictions, discussions with management and the challenged action. Compare the reason given for the decision with the documents created at the time.

• Termination, discipline, reassignment or reduced-pay notices.
• Messages referring to your injury, claim, treatment or time away.
• Performance reviews and disciplinary records already in your possession.
• The employer’s stated reason for the action and relevant written policies.
• Work restrictions, leave requests, attendance records and job offers.
• Names of witnesses with firsthand knowledge.
• Copies and delivery records for any written notice already sent.

Preserve records you lawfully possess. Do not access restricted employer systems or remove confidential material to investigate your case. Explain both favorable and unfavorable facts to counsel so the employer’s stated reason can be assessed accurately.

Light duty, reduced hours and returning to work

A light-duty offer should be compared with the treating provider’s current restrictions. Ask for the duties, hours and pay in writing, and discuss whether the work fits your limitations. Working a modified assignment does not itself prove retaliation; an employment change made to punish protected claim activity raises a different issue.

Returning at lower pay can also raise a benefits question. Ohio wage-loss compensation may apply when allowed conditions cause a qualifying earnings reduction and the other requirements are met. If you are unable to perform the former position, temporary total disability has separate eligibility rules. Do not assume an employment dispute automatically establishes either benefit.

Workers’ comp, FMLA and job security are different questions

Workers’ compensation addresses a work-related injury and available benefits. Leave and job-restoration rights can depend on separate laws, eligibility requirements, employment agreements and the circumstances of the employer’s action. The fact that someone receives workers’ compensation does not by itself decide all of those questions.

Eligible employees may have protections under the Family and Medical Leave Act. However, FMLA leave does not create an absolute bar against every layoff or termination. The U.S. Department of Labor’s reinstatement guidance explains that an employer must be able to show the worker would not otherwise have been employed when restoration is sought to deny reinstatement on that basis.

Have counsel assess the workers’ compensation and employment issues together. An at-will employment relationship does not authorize retaliation prohibited by law, and an injury does not eliminate every lawful basis for an employment decision.

What can an Ohio retaliation action seek?

ORC 4123.90 identifies potential relief including reinstatement with back pay for a discharge, or lost wages for other covered punitive action, plus reasonable attorney fees. Statutory offsets can apply. The available relief depends on the claim and the facts; this is not a promise of recovery.

A statutory retaliation action is distinct from the BWC claim and its administrative appeals. If compensation was also denied or stopped, preserve those orders and review their deadlines separately. Our denied-claim guide explains why identifying the decision and receipt date matters.

Discuss the employment action with a Columbus workers’ comp attorney

Bring the claim records, employment notices, relevant messages and a timeline to Cox, Koltak & Gibson at 5 E Long St #200 in downtown Columbus. Tell us when each employment action occurred and whether written notice has already been delivered to the employer.

We can review how the employment issue relates to your workers’ compensation claim and discuss the appropriate next step. Call (614) 221-7381 or request a free consultation. For filing and benefit questions, see our Columbus workers’ compensation overview.