Can I Be Fired For Filing a Workers' Compensation Claim?

Toledo Lawyer, Daniel G. Camick provides professional Workers' Compensation Attorney legal services in Toledo, Sylvania, Maumee, Oregon, Perrysburg, Lucas County, Wood County, and surrounding Northwest Ohio Areas.

Call 419.843.4499 about your Workers' Compensation legal needs.

The State of Michigan is a "Right-To-Work" State, while the State of Ohio is not. While "Right-To-Work" laws predominantly address Union related issues, in a "Right-To-Work" State the laws may also state that an employer may fire an employee without providing the terminated employee an explanation for his or her employment termination. While this is technically true in "Right-To-Work" State, there are also employment retaliation laws and other employment laws that may still protect an employee from harassment, retaliation, and even from being fired for exercising his or her lawful employment law rights, such as filing a lawful Workers' compensation claim.

If a worker sustains a valid injury or injuries while at the workplace, the Workers' Compensation Claim must be considered valid, and therefore retaliation or termination because of filing a valid Workers' Compensation Claim is prohibited by law.

However, if the injury or injuries are sustained outside of the workplace, the injury (or injuries) are the result of negligence or carelessness on your part, or the injuries are successfully disputed as fraudulent by the employer, then your job may be in jeopardy.

If a valid workers compensation claim is filed and any form of retaliation can be proven, a workplace retaliation claim may be brought against the employer.

A workplace retaliation claim may be filed for proven intentional actions by the employer such as:

• An unlawful termination of employment because of filing a valid workers' compensation claim;
  
  
• An employment demotion because of filing a valid workers' compensation claim;
  
  
• A reduction in pay upon returning to work (following a valid workers' compensation claim);
  
  
• A noticeable reduction in available workable hours after returning to work (following a valid workers' compensation claim);
  
  
• Or other actions that create a hostile work environment.
  
  

If you have been denied Workers' Compensation Benefits or are being delayed in receiving your Workers' Compensation Benefits or have been the victim of employment retaliation due to a valid Workers' Compensation Claim, make sure your legal rights are protected.

Call 419.843.4499 to Schedule a Confidential Legal Consultation with Toledo and Northwest Ohio Workers' Compensation Lawyer, Daniel G. Camick.

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