Suffering an injury on the job can leave you unable to work and uncertain about your future. Workers’ compensation benefits are designed to provide support, but many employees face claim denials, delays, or reduced benefits. At Obral Silk & Pal Personal Injury Lawyers, we represent workers in Lakewood who need help securing the benefits they are entitled to under Ohio law. Whether you are filing an initial claim or appealing a denial, we are here to guide you through the process. Call 216-529-9377 today for a free consultation with a skilled workers’ compensation lawyer.
Can You Get Fired While on Workers’ Compensation?
Suffering a workplace injury is stressful enough without worrying about losing your job. Employees in Lakewood, Ohio, often wonder whether they can be fired while receiving workers’ compensation benefits. The answer depends on state laws, employer practices, and the circumstances surrounding your employment and injury. Knowing your rights can help protect your job while you recover.
Workers’ Compensation in Ohio
Ohio’s workers’ compensation system is designed to provide financial support and medical care to employees injured on the job. If you are injured, you may be entitled to benefits that cover:
- Medical expenses related to the injury
- A portion of lost wages while you cannot work
- Vocational rehabilitation if you cannot return to your previous job
- Permanent disability benefits if the injury has long-term effects
These benefits exist to help you recover without the added stress of losing income. However, some employees worry that taking advantage of these benefits could put their job at risk.
Employment Protections While on Workers’ Compensation
Ohio law offers certain protections for employees who file a legitimate workers’ compensation claim. Employers are generally prohibited from retaliating against employees simply because they are receiving benefits. Retaliation can take many forms, including:
- Firing an employee
- Reducing hours or pay
- Demoting an employee
- Harassment or unfair treatment
If you believe your employer has retaliated against you for filing a workers’ compensation claim, you may have grounds to pursue legal action. This protection is meant to ensure that employees can recover safely without fear of losing their livelihood.
When Employers Can Legally Terminate Employment
While employees are protected from retaliation, Ohio employers still have the right to terminate employees for legitimate, non-retaliatory reasons. Examples include:
- Company-wide layoffs or downsizing
- Poor performance unrelated to the injury
- Misconduct or violation of workplace policies
- Position elimination or restructuring
The key distinction is that the termination must not be directly related to your workers’ compensation claim. Employers cannot use the injury or claim status as a reason to fire you.
Returning to Work and Medical Restrictions
Many workplace injuries require a temporary leave or modified duties. Your doctor may provide work restrictions to prevent re-injury while you recover. Employers are generally required to accommodate these restrictions when feasible.
If your employer cannot provide suitable work within your restrictions, it does not automatically mean they can fire you without legal consequences. Ohio law allows employees to continue receiving workers’ compensation benefits while looking for suitable employment or waiting for their job to be available.
Documenting Your Claim and Communication
Clear documentation and communication are crucial while on workers’ compensation. Steps to protect your rights include:
- Keep copies of all medical records and workers’ compensation filings
- Notify your employer of your injury promptly
- Provide updates on your recovery and any work restrictions
- Avoid making statements that could be misinterpreted as admitting fault
Maintaining accurate records helps protect your benefits and provides evidence if a dispute arises regarding your employment status.
Challenging Wrongful Termination
If you are fired while on workers’ compensation in Ohio, you may have grounds for a wrongful termination claim. Legal action may be necessary if the employer:
- Terminated you in direct response to your workers’ compensation claim
- Threatened or coerced you to drop your claim
- Refused reasonable accommodations without justification
A personal injury or employment attorney can review the circumstances and advise you on the best course of action to protect your rights.
Impact on Benefits
Being terminated does not necessarily end your workers’ compensation benefits. You may continue to receive:
- Temporary total disability benefits if you cannot work
- Medical treatment coverage for the injury
- Permanent disability benefits if applicable
Your benefits are tied to your injury, not your employment status, as long as you meet eligibility requirements. Consulting an attorney ensures you do not lose benefits due to employer disputes.
Tips for Protecting Your Job While Recovering
Recovering from a workplace injury requires balancing health and employment concerns. Practical steps include:
- Communicate regularly with your employer about your progress
- Follow your doctor’s recommendations and treatment plan
- Understand your rights under Ohio workers’ compensation law
- Keep a detailed record of communications with your employer and insurer
- Seek legal guidance if you face threats, harassment, or termination
Being proactive can help protect both your health and your job.
Employees in Lakewood, Ohio, who are receiving workers’ compensation benefits have protections against retaliation, including wrongful termination. However, employers can terminate employees for legitimate, non-retaliatory reasons unrelated to the claim. Understanding these distinctions, documenting your recovery, and communicating effectively with your employer are essential steps to safeguard your rights.
Rely On An Experienced Workers’ Compensation Attorney
Workplace injuries can be overwhelming, leaving you unsure about your rights and financial security. With the guidance of an experienced workers’ compensation attorney, you can focus on recovery while ensuring your claim is handled properly. At Obral Silk & Pal Personal Injury Lawyers, we advocate for injured workers across Lakewood, helping them pursue the benefits they deserve after job-related accidents and illnesses. From filing claims to appealing denied benefits, our team is committed to standing by your side. Contact us today at 216-529-9377 for a free consultation and put your case in trusted hands.