No, in theory you cannot. What do I mean. If you file an Ohio workers comp claim and your employer fires you would file a workers compensation retaliatory discharge lawsuit pursuant to Ohio revised code 4123.90.
Here’s the deal though, you need to let your Ohio work injury lawyer know you have been terminated as soon as possible. Do not sit on this information. Why? Because you have to give your employer notice that you are going to file your retaliatory discharge lawsuit within 90 days of the termination. The actual retaliatory discharge lawsuit must then be filed within 180 days from your termination. If you are late in filing notice or the lawsuit, that ship will have sailed even if you have dead to rights evidence of retaliation.
In most cases if you have an adverse employment action in Ohio like termination, demotion, constructive discharge, harassment, etc. you’d file a charge of discrimination at the Ohio Civil Rights Commission. But if you do when you’ve been terminated for filing your workers comp claim, they’ll direct you to file a 4123.90 retaliation lawsuit.
Notwithstanding this lawsuit, if you do suffer a work injury or work accident then you will need to dot your i’s and cross your t’s. You will be in a proverbial fishbowl. So things that your employer may have let slide in the past, like being a few minutes late, may not fly now. In adverse employment suits all an employer has to do to refute your claim is to offer a legitimate business reason for the adverse employment action or termination. Firing an employee for being late may be found to be a legitimate business reason for your termination.
Call an Ohio workers comp attorney at Malek & Malek for a free evaluation of your workers comp claim. We can discuss your work injury and put you on the best path for success.