Retaliation for Filing Workers' Comp in Ohio
Whether an employer in Ohio can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not fire, demote, reassign or take any punitive action against an employee because the employee filed a claim or took part in a workers' compensation proceeding for a work injury with that employer. Ohio Rev. Code § 4123.90
| Retaliation for filing | An employer may not fire, demote, reassign or take any punitive action against an employee because the employee filed a claim or took part in a workers' compensation proceeding for a work injury with that employer. The employee may sue in the common pleas court for reinstatement with back pay (or lost wages), plus reasonable attorney fees. The employer must receive written notice of the claimed violation within 90 days, and the lawsuit must be filed within 180 days after the action. Source: Ohio Rev. Code § 4123.90 |
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| Appealing a denial | A BWC order on a disputed claim can be appealed within 14 days of receipt; the Industrial Commission refers it to a district hearing officer. The district hearing officer's order can be appealed within 14 days to a staff hearing officer, and that order within 14 days to the commission, which decides whether to hear it. A final commission decision (other than one about the extent of disability) can be appealed to the court of common pleas within 60 days of receipt. |
Where to get help in Ohio
More Ohio workers' compensation
- Filing a Workers' Comp Claim in Ohio
- How Much Workers' Comp Pays in Ohio
- Workers' Comp Settlements in Ohio
- Suing Over a Work Injury in Ohio
- Appealing a Denied Workers' Comp Claim in Ohio
- All Ohio workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Ohio?
An employer may not fire, demote, reassign or take any punitive action against an employee because the employee filed a claim or took part in a workers' compensation proceeding for a work injury with that employer. The employee may sue in the common pleas court for reinstatement with back pay (or lost wages), plus reasonable attorney fees. The employer must receive written notice of the claimed violation within 90 days, and the lawsuit must be filed within 180 days after the action.
How do you appeal a denied workers' comp claim in Ohio?
A BWC order on a disputed claim can be appealed within 14 days of receipt; the Industrial Commission refers it to a district hearing officer. The district hearing officer's order can be appealed within 14 days to a staff hearing officer, and that order within 14 days to the commission, which decides whether to hear it. A final commission decision (other than one about the extent of disability) can be appealed to the court of common pleas within 60 days of receipt.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.