In a perfect world, when an employee is injured on the job, the employee files for workers compensation, benefits are determined, and the employee returns to work when they are cleared to do so. But sometimes, employers view the risk of increased premiums as an unjust burden and terminate their injured worker for filing a claim. What, then, is an employee to do?
In Ohio, the law prohibits employers from discharging, demoting, reassigning, or otherwise punishing employees because they filed a claim for workers’ compensation. But employees have very little time to act on this claim, because the law requires an employee to deliver written notice of a claimed violation to the employer within 90 days of the retaliation. If the employee fails to perform this act, they forfeit the right to sue the employer for workers compensation retaliation.
Further, the employee must also file suit within 180 days of the date of the retaliatory act. This is one of the shortest statutes of limitations in the field of employment law.
Because of these very short time periods, employees who believe they have been fired or retaliated against for seeking workers’ compensation benefits should consider contacting qualified legal counsel as soon as possible to assess their case and protect their rights.
Contact Matt Okiishi (513.943.6659) if you may have such a claim.
