Can You Be Fired For Making a Workers’ Comp Claim?

“Can I legally be fired for filing a Workers’ Compensation claim?” No.

Someone gets their arm yanked from their socket on the assembly line – after their initial scream of pain, their biggest stressor is typically whether this will cost them their jobs. That is why you need the Hurm Law Firm at your side when you suffer an injury at work. 

Many law firms will represent you for a workers’ compensation claim, but do not handle employment law matters. While other law firms represent you in employment law matters, but do not handle workers’ compensation claims. The Hurm Law Firm is a rare law firm that handles both – giving its clients a huge strategic advantage and ensuring  broader and stronger protection for your job.

Federal and State Job Protection Laws

You may be wondering, “Does workman’s compensation protect job security?” The answer depends on whether you’re a federal employee or working for a private company or state agency. 

Federal workers’ compensation laws protect civil servants employed by departments of the U.S. government. For everyone else – including private-sector employees and most state workers – job protection under workers’ compensation falls under state-specific law. 

State-Specific Protections

Does workers’ comp protect your job? Pursuant to Ohio law, it is unlawful for an employer to fire someone for suffering a work injury or filing a workers’ compensation claim. The Hurm Law Firm does an excellent job educating employers so they can avoid this obvious trip and fall by protecting the injured workers’ job. If the employer ignores the Hurm Law Firm and decides to fire the injured worker, the worker has a right to seek reinstatement to their position and back pay for the period of unlawful termination.

Family and Medical Leave Act (FMLA)

In addition to helping injured workers navigate the workers’ compensation system, the Hurm Law Firm also represents individuals in disability discrimination cases. Often, a workplace injury causes an employee to be temporarily disabled. It is important that your attorney understands the federal government’s disability protections to ensure that injured workers correctly request reasonable accommodations and remain protected under the law.

The Family and Medical Leave Act (FMLA) may provide job-protected leave, while the Americans with Disabilities Act (ADA) can require employers to offer reasonable accommodations. The Hurm Law Firm ensures injured workers request the right protections at the right time, helping them stay within the boundaries of both state and federal law.

Protecting Your Job While on Workers’ Compensation

This protection is vitally important for Ohio workers, because many Ohio workers are terrified when they are hurt that they could both be injured and lose their job. By handling both workers’ compensation claims and workers’ compensation discrimination claims, the Hurm Law Firm can ensure that you can focus 100% of your energy on recovering from your illness and not worry about a possible job loss.

Very rarely, an employer will try to fire a Hurm Law Firm client. When that happens, the Hurm Law Firm immediately sends the employer a letter informing it that it has violated the law and that litigation will result if the employer does not reverse its unlawful decision. Repeatedly, Hurm Law Firm clients have recovered more from the litigation related to the wrongful termination than they did from their workers’ compensation claim. In these rare situations, it is the Hurm Law Firm’s job to secure a big enough settlement to provide their client a financial bridge to the next step in their career.

Get Expert Guidance from Hurm Law Firm

Preparing to file a workers’ compensation claim? The Hurm Law Firm is proud to have protected workers’ jobs in Northeast Ohio for nearly a decade. If you need a free consultation to discuss further details or ask questions, please do not hesitate to contact us at (216) 860-1922 or schedule a free consultation.