Can My Employer Fire Me for Filing a Workers' Comp Claim in Ohio?

If you think your Columbus, OH employer is discriminating against you in violation of Ohio employment law, you do have recourse. It's important to talk with an attorney as soon as you can, though. You'll need experienced legal advice about whether the behavior has crossed a line and what legal steps you should take to deal with it. more Signs of Discrimination Under Ohio law, discrimination happens when an employer treats you differently because of certain personal characteristics that have nothing to do with your job performance. Common obvious signs include: Being passed over for a promotion while less-qualified colleagues move ahead Unequal enforcement of rules Comments or jokes that target your background, religion, or family status, especially if they come from a superior Pay disparities without any explanation tied to seniority or output More Subtle Discrimination Sometimes the issue is less obvious and a bit harder to track down, and if you're not sure, talk to a lawyer about it. You might, for example, find yourself receiving fewer training opportunities than other employees, or you might be excluded from meetings that affect your role. If your workload suddenly increases or if you're now getting all the undesirable work and hours, that deserves some attention, too. Protected Classes Under Ohio Law Ohio law forbids employers to make decisions based on race, color, religion, sex, military status, national origin, disability, age, or ancestry. "Sex" includes both pregnancy and all related conditions, and "age" protection kicks in once a person turns forty. "Disability" covers both physical and mental impairments, though there is a caveat here: your employer must adapt to your disability, but only so long as you can perform the essential functions of the job with or without reasonable accommodation. Federal Law Federal laws like Title VII of the Civil Rights Act of 1964 protect the same core categories as our state law, and they have been interpreted by the courts to also include both sexual orientation and gender identity under the umbrella of sex discrimination. In practice, Ohio workers can often choose to file under either state or federal rules or both. Next Steps in Your Columbus, OH Case Save Everything First, save everything: emails, performance evaluations, pay stubs, and notes from any meetings. Notes that you keep at the time things happen will carry more weight than notes you make later trying to remember what happened. Take It To Your Employment Law Attorney Your attorney can review your evidence and will help you decide what to do next. Most of the time, you'll first make an internal complaint, and your lawyer can help you draft this so it's clear and professional. The next formal step is filing a charge with the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission. Having experienced legal representation can help you organize your evidence and respond to requests for information, and this process can lead to a settlement, a right-to-sue letter (which lets you move on to bring a lawsuit), or, in some cases, the agency pursuing the matter on your behalf. Visit Barkan Meizlish DeRose Cox, LLP in Columbus today or call us for a free consultation at 740-204-2125. We also represent clients in Pittsburgh, PA.

House Bill 81 Changes Announced in Ohio On June 16, 2020, Governor Mike DeWine signed into effect a new law. The ripple effects of the passage of this law will affect Ohioans seeking to claim Workers’ Compensation. The changes set out by House Bill 81 will go into effect on September 14, 2020. The bills set out number of changes. Firstly, the bill codifies the voluntary abandonment doctrine. Under the voluntary abandonment doctrine, an employee who abandons employment for reasons unrelated to the work injury is not entitled to temporary total disability compensation or wage loss compensation. Additionally, House Bill 81 states that employers may no longer deny or withdraw consent to a workers’ compensation settlement application if the claim is outside of the period in which the employer’s Bureau of Worker’s Compensation rates are affected by the application, and if the employee is no longer employed by the employer. Changes to the Standard The standard for employees filing applications for additional awards due to a safety violation has changed as well. Applications for awards due to safety requirement violations must now be filed within one year after the date of the injury or disability. Previously, that standard was two years. Another specific section of the bill states that employees working in detention facilities, including corrections officers, are now covered by their employers for post-exposure medical diagnostic services. These are services that become necessary as a result of contact with blood or other bodily fluid, drugs or other chemical substance, and/or responding to an inherently dangerous situation while working. The bill also states that if an employee dies as a result of a workplace injury or occupational disease, the employee’s estate is entitled to $7,500.00 in funeral expenses. This is an increase from the previously allowed $5,000.00. It’s noteworthy that these changes came on amidst the ongoing COVID-19 pandemic and likely are influenced by these events. The new coverage of employees working in detention facilities may be a response to the pandemic. Employers are now required to cover medical diagnostic services for illnesses that result for exposure to bodily fluid. COVID-19 is transmitted through bodily fluid- airborne droplet transmission- and the Ohio incarceration system has been surging with cases. What Can I Do? If you have questions, attorneys with Barkan Meizlish DeRose Cox, LLP, are available to help with Ohio workers’ compensation and personal injury cases in Columbus and across the state. You can schedule a free consultation online of speak with a lawyer directly by calling (614) 221-4221.

Typing “average workers’ compensation settlement for a back injury in Ohio” into Google or another search engine will return a few dollar amounts. However, the numbers are unlikely to be very accurate for an Ohioan who suffered a back injury on the job. The reality is that many factors go into determining what constitutes a fair and acceptable settlement amount. The Ohio Bureau of Workers’ Compensation and the injured worker will have to ask and answer some questions, including: How much has treatment and therapy for the back injury cost to date? How long will the injury and its symptoms require treatment and therapy? How much will ongoing treatment and therapy cost? How long did the worker spend off the job while recovering? Has the worker been medically cleared to return to their job? Has the worker already resumed working? Are any replacement wages still due? Is any lump sum settlement for an amputation, loss of use, or some other permanent injury due? Is the injury so serious that returning to work seems unlikely and that disability benefits from Social Security or the Ohio Public Employees Retirement System are possible? A workers’ compensation claim can be settled at any time, even before the claim is allowed. However, an employer cannot force its employee to settle a claim. Nor can an employer retaliate against a worker who reports an on-the-job injury. The injured worker has an undeniable legal right to seek the advice of an experienced and knowledge employee rights attorney while considering these questions. But the final decision on whether to accept a settlement offer from the workers’ compensation program rests entirely with the individual. One More Consideration A related issue will be whether the person who suffered a back injury on the job could have grounds for filing a personal injury claim against a party other than their employer. What lawyers call third-party claims can be filed against those other than co-workers whose negligence causes an injury such as drivers who crash into company vehicles, makers of defective tools, and contractors who failed to comply with electrical and building codes. A settlement of  the workers’ compensation claim will not affect an injured employee’s right to pursue a third-party claim. However, knowing that a personal injury settlement or jury award is possible could influence an individual’s willingness to conclude their dealings with, and reliance on, workers’ compensation for the payment of medical and therapy bills. A third-party claim arising from a work-related injury has the same burden of proof as any other personal injury case. To succeed in securing a settlement or winning jury award, the injured person must produce evidence that the defendant’s negligence caused their injury resulting in damages. In the third-party claim, the damages include pain and suffering which are not available in the workers’ compensation claim. Attorneys with Barkan Meizlish DeRose Cox, LLP, are available to help with Ohio workers’ compensation and personal injury cases in Columbus and across the state. You can schedule a free consultation online of speak with a lawyer directly by calling (614) 221-4221.