Can I Be Fired for Filing a Workers’ Compensation Claim in Ohio?

One of the most common reasons injured workers hesitate to file a claim is fear of losing their job. Ohio law addresses that fear directly.

What the law says

Under Ohio Revised Code section 4123.90, an employer may not discharge, demote, reassign, or take any punitive action against an employee because the employee filed a claim, or pursued or testified in any proceedings under the workers’ compensation act, for an injury or occupational disease that occurred in the course of and arising out of employment with that employer.

What the protection does not cover

The law protects you from being punished because you filed or pursued a claim. It does not, by itself, require an employer to hold your job open while you are off work, and it does not stop an employer from acting for reasons that have nothing to do with the claim. Whether a firing was retaliation often comes down to timing, what the employer said, and how other employees were treated. That is why the facts matter, and why it is worth talking to an attorney early.

The deadlines are short

If you believe you were fired, demoted, or punished for filing a claim, act quickly. The statute generally requires written notice to the employer within 90 days of the action, and the lawsuit generally must be filed within 180 days. When those periods begin can depend on the facts, but missing a deadline can end the case before it starts.

What you can do now

• Write down the dates: when you were hurt, when you reported it, when the claim was filed, and when the employer took action against you.
• Keep any letters, texts, emails, or write-ups from your employer.
• Keep pursuing your workers’ compensation claim. Your benefits are a separate matter from your job.
• Call an attorney as soon as possible, well before the 90-day notice period could run.

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