I was discriminated against after returning to work following a workers’ compensation claim. Is this legal?

Employees are often afraid to file a complaint against their employer because they fear they will be discriminated against or looked down upon for doing so. If you are being discriminated against at work or are simply filing a workers’ compensation claim due to injury sustained while on the job, do not be afraid of repercussions by your employer.

It is illegal to discriminate, or retaliate, against an employee who has filed a claim for workers’ compensation in the state of Ohio under the Workers’ Compensation Act. It is also illegal for an employer to discriminate against an employee between the time the employee is injured and the time the employee files a workers’ compensation claim.  This means that if an employee is injured and the employer knows the employee will file a claim, the employer can’t discriminate against the employee because he or she intends to file a claim.

There is no federal law to protect employees from retaliation for filing a workers’ compensation claim. however, most states have laws in place to help protect those individuals, including the states of Ohio and Kentucky.

If you feel you are the victim of unlawful discrimination because you filed a workers’ compensation claim, contact Robert A. Klingler Co., L.P.A. to speak to an experienced employment law attorney.