Can I Get Fired After I Get Hurt on the Job?

Can I Get Fired After I Get Hurt on the Job? 

A lot of companies make hiring, firing, and other personnel decisions based on the value they place on individual workers. They usually determine that value by looking at how much someone can produce during their work day. After suffering an injury, a worker’s value doesn’t always stay the same. And if you have been injured in a workplace accident in Ohio that could mean your job is on the line. If your employer fires you after a workplace injury, however, an Ohio employment lawyer can help. 

Ohio employment law, like every other state’s law, governs the behavior or actions of employers and employees. This law allows Ohio employers to fire any worker for various reasons. However, there is still a good chance that your case is one of the exceptions. 

This article will examine the possible reasons why your employer can or cannot legally lay you off after a workplace accident. In addition, we will explain the protections available to you under Ohio employment law and what an Ohio employment lawyer can do to help. 

Can My Employer Fire Me for Any Reason?

Under Ohio employment law, your employer is free to fire youfor any reason. This is because Ohio is an at-will employment state. 

However, state and federal employment laws prohibit employers from firing you for specific reasons. For example, your employer can’t terminate you based on things like your:

• Nationality
• Race
• Gender
• Age 
• Religion
• Disability

Apart from the above reasons, your employer can generally fire you even after you got injured in a work-related accident. This could be the case if you got hurt based on your own illegal, negligent, or intentional act.

Can I Sue My Employer for Firing Me for Getting Hurt on the Job?

You may be able to sue your employer for terminating your appointment after a work injury. However, you will need the services of a skilled employment law attorney to prove your case. Let’s find out why a lawyer is crucial to your case’s success. 

Your employer knows they are liable to pay you compensation for a workplace or work-related injury in Ohio. They know this because you would need to file a claim with the Ohio Bureau of Workers Compensation (BWC). However, employers rarely want to lose money in any workers compensation claim with the BWC. Therefore to avoid paying a workers compensation claim, your employer could terminate your employment. 

While it is possible to sue your employer for wrongful termination of employment in this case, here’s where it gets tricky. To win an unlawful termination case in this situation, you must satisfy the burden of proof. You must prove that your employer terminated your employment in retaliation for filing a workers’ compensation claim. 

If you fail to prove retaliation, your employer may get away with their actions. This is where an Ohio employment lawyer comes in. The attorney has the necessary experience and knowledge of Ohio law to help you prove your claim and get justice. 

What Are the Common Retaliatory Actions Your Employer Can Take Against You?

Relieving you of your employment isn’t the only way your employer can retaliate after you file a workers’ compensation claim for a workplace injury. Other ways include: 

• Removing you from the schedule
• Giving you tasks that your injury will not allow you to perform
• Constant threats of employment termination 
• Demotion or threats of demotion
• Cutting your pay 

Tell your attorney if you experience any of these actions from your employer after you sustained a workplace-related injury or filed for compensation. They will help you figure out your legal options.

Note that your anti-retaliatory claim remains valid irrespective of the success of your workers’ compensation claim. This means that Ohio employment law doesn’t require you to win your workers’ compensation claim to get damages for wrongful termination or retaliation. 

What an Employment Lawyer Will Do for You

If your employer has mistreated you and trampled on your rights, you need the help of an employment lawyer. Here are the responsibilities your employment lawyer will carry to ensure you get justice. 

How Can a Lawyer Help Me?

When your employment lawyer listens to your case, they can provide you with the best advice. An employment lawyer is typically armed with knowledge of the latest laws governing employee rights. 

Preparing Claims

An Ohio employment lawyer has a good idea of what you are entitled to in benefits, and they will prepare claims that reflect every aspect of your claims. 

Negotiating With Employers 

An employment lawyer has the skills to negotiate a settlement on your behalf. Therefore, they will do what it takes to convince your employer that you have a strong case and that an out-of-court settlement is in their best interest.

Representing You in Court 

When negotiations fail, your attorney will file your case in court and square off with your employer’s lawyers. 

Let Hux Law Firm Help You Win Your Claim

Hiring an employment lawyer can give you the best chance of winning your wrongful termination claim. When you hire Hux Law Firm, you can rest assured that you are in capable hands. Schedule a free initial consultation with us today, and our team will go the extra mile to get you what you deserve.