Workers Compensation Retaliation Rights in 2023 After Being Fired From a Job

As an employee in the United States, you have the right to seek workers' compensation if you are injured on the job. However, if you have been fired from your job because you missed too much work due to a work-related injury, you may be wondering what your rights are.

First, it is important to understand that your employer cannot fire you solely because you have filed a workers' compensation claim. This would be considered retaliation, and it is illegal. If you believe that you have been fired in retaliation for filing a workers' compensation claim, you should contact an experienced attorney as soon as possible.

However, if you have been fired for missing too much work due to a work-related injury, your rights may be more limited with respect to a retaliation claim (but you are likely still entitled to some compensation).  In Ohio, employers are required to provide accommodations for employees who have been injured on the job, such as allowing them to work reduced hours or assigning them to different tasks. However, if these accommodations are not possible or if the employee is unable to perform the essential duties of their job, the employer may be able to terminate the employee.

If you have been fired for missing too much work due to a work-related injury, you may still be entitled to workers' compensation benefits. These benefits can include medical treatment, wage replacement, and vocational rehabilitation. However, it is important to remember that these benefits are generally only available to employees who are unable to work due to a work-related injury. If you have been fired, it may be more difficult to prove that you are unable to work.

It is also important to note that workers' compensation benefits are generally paid by the employer's insurance company, not the employer itself. Therefore, even if you have been fired, you may still be entitled to workers' compensation benefits as long as you meet the eligibility requirements.

If you have been fired from your job because you missed too much work due to a work-related injury, it is important to speak with an experienced attorney as soon as possible. At Doucet Co., LPA, our attorneys have experience helping injured employees navigate the workers' compensation process. We can help you understand your rights and options, and we will fight to ensure that you receive the benefits you are entitled to. To learn more or to schedule a free consultation, call us at (888) 200-9824.