Areas of Practice

Workers’ Compensation Retaliation

Under Ohio law an employer is prohibited from retaliating against an employee for filing a Workers’ Compensation claim. Ohio R.C § 4123.90 prohibits an employer from taking any adverse action against an employee who has filed a workers’ compensation claim including, but not limited to, termination, demotion, or reassignment. You have a very short time frame to protect your rights so it is important to seek legal counsel immediately.

In order to claim protection under this statute, the employee must establish the following:

1. that he or she sustained an injury on the job;
2. filed, pursued, or instituted a Workers’ Compensation claim before the alleged adverse action; and
3. the adverse action was a result of the employee filing a WC claim and the employer does not have a legitimate reason for its actions

Self-insured employer vs. fund participant

If the employer participates in the Bureau of Workers’ Compensation Fund by paying premiums, then the Bureau of Workers’ Compensation administers and pays out all of the claims for the employer.

If the employer does not participate in the Bureau of Workers’ Compensation Fund, then they are considered a “self-insured" employer. The employer itself handles the management and paying out of claims. The BWC only becomes involved if the claim is contested. Generally, very large employers are “self-insured."

In order to claim protection under § 4123.90 and the employer is a fund participant, the employee must have actually filed or actually pursued a claim with the BWC. Indicating or orally notifying the employer that an employee will file a claim may not be sufficient.

If the employer is self insured, then the employee must have filed, pursued, or instituted a claim. The requirement for a self-insured employer is read more broadly. In order to determine if the employee has taken enough steps to sufficiently satisfy this element, the employee should contact legal counsel as soon as possible.

Causation

The employee must finally show that the adverse action was a result of the filing a Workers’ Compensation claim. You should discuss your specific circumstances with an attorney in order to determine if the adverse actions were a result of the WC claim and/or if the employer had a legitimate business reason for doing so.

Time limitations

The employee must notify the employer in writing within 90 days of the adverse action of their intentions to pursue a claim under § 4123.90. A legal action under this statute must be filed in court within 180 days of the adverse action.

You may contact us by completing a confidential case analysis form or by calling us directly at (330) 258-8000.

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