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Workers' Comp Basics
What Happens If I Get Fired While On Workers’ Comp In Ohio?
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Written by Dylan Knisley
Dylan has been a practicing attorney since 2015, when he passed the Ohio Bar and joined the family firm.
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Published on
Apr 21, 2026
Table of Contents
Key Takeaways
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Your employer cannot fire you for filing a workers’ comp claim.
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Your benefits continue even if you’re fired. TTD and medical coverage don’t stop
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You have 180 days to file a retaliation lawsuit, so don’t miss the deadline (missing deadlines can result in losing your rights).
If you’re injured on the job or develop a work-related illness, you may be entitled to workers’ compensation benefits. These benefits are designed to help you recover from a work related injury and cover medical expenses and lost wages while you’re unable to work.
Workers’ compensation provides important protections for employees, but what happens if you get fired while on workers comp? In Ohio, workers compensation insurance is required for most employers and is the source of these benefits. Understanding your rights and the legal process is crucial if you find yourself in this situation.
Ohio employers can legally fire at-will employees during a workers’ comp claim, but they cannot fire you because you filed a workers’ compensation claim. That distinction is the difference between a lawful termination and illegal retaliation under Ohio Revised Code 4123.90.
If you’ve been fired while receiving workers’ comp benefits in Ohio, you may still be entitled to ongoing benefits, and you may have a separate legal claim against your employer for retaliation.
This article explains your rights, what happens to your benefits, and the steps you should take to protect yourself.
Can Your Employer Fire You While You’re on Workers’ Comp in Ohio?
Ohio is an at-will employment state. That means your employer can fire you for almost any reason, or no reason at all, as long as the reason is not illegal. But under ORC 4123.90, your employer cannot fire you in retaliation for filing a workers’ compensation claim. That distinction is everything.
Legitimate reasons your employer can fire you during a workers’ comp claim:
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Company-wide layoffs or restructuring that affect your position
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Documented performance problems, such as poor performance reviews, that existed before your injury
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Violation of company policies unrelated to your injury or claim
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Elimination of your position for genuine business reasons
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Employers can also fire employees or fire workers for reasons unrelated to the workers’ comp claim, such as attendance issues or other non-injury-related concerns.
What your employer cannot do:
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Fire you because you filed a workers’ comp claim
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Demote you, cut your pay, or change your schedule as punishment for filing
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Harass or pressure you to drop your claim
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Retaliate against you for testifying in a workers’ comp proceeding
If an employer fired a worker for reasons unrelated to the workers’ compensation claim or medical restrictions, it may not be considered retaliation.
Here’s what retaliation often looks like in practice: a warehouse worker in Columbus files a workers’ comp claim after a back injury. Two weeks later, the employer terminates the worker for “restructuring,” even though no one else was laid off. That timing, combined with the lack of any documented business reason, is a red flag for illegal retaliation.
Job loss due to reasons unrelated to your injury may still affect your benefits, but it does not necessarily mean your employer retaliated against you.
What Happens to Your Workers’ Comp Benefits If You Get Fired?
Losing your job does not automatically end your Ohio workers’ compensation benefits. Your claim is with the Ohio Bureau of Workers’ Compensation (BWC), not with your employer. If you were wrongfully terminated, you may also be entitled to back pay as part of your claim. Here is how each benefit type works after termination.
For certain benefits, the law requires continued payment even after you are fired or laid off, as long as you remain eligible under Ohio workers’ compensation regulations.
Understanding your legal rights is crucial after job loss during a workers’ compensation claim.
Temporary Total Disability (TTD) Benefits
TTD benefits continue as long as your treating physician certifies that you are unable to work due to your injury. Being fired does not change your medical status. If your doctor says you cannot work, TTD payments continue regardless of whether you still have a job. Benefits stop when your doctor clears you for return to work or you reach maximum medical improvement (MMI).
If your injury results in a permanent disability, different benefits and legal considerations—such as your employer's obligation to provide reasonable accommodations under the ADA—may apply.
Medical Benefits
Your medical treatment for your allowed medical condition continues through BWC after termination. Your employer’s decision to fire you does not cancel medical authorizations already approved by the managed care organization (MCO). Continue attending all scheduled appointments and following your treatment plan. Gaps in treatment can be used against your claim later.
Wage Loss Benefits
If your doctor releases you to light duty or modified work with restrictions, but your employer has already fired you, you may qualify for wage loss benefits. To receive wage loss compensation, you must show that you are actively searching for work within your medical restrictions. Keep records of every job application and contact. If you cannot return to your previous position due to your injury, you may need to seek a new job or consider vocational retraining.
Ohio Revised Code 4123.90: Your Protection Against Retaliation'
ORC 4123.90 is the Ohio statute that protects injured workers from employer retaliation. The law protects employees from being retaliated against for filing a workers’ compensation claim. It states that no employer may take punitive action against an employee who has filed a workers’ compensation claim, instituted proceedings, or testified in any proceeding under the Ohio Workers’ Compensation Act.
“Punitive action” under this statute means more than just firing. It includes any adverse employment action taken because of your workers’ comp claim, including employer's actions that may be considered retaliatory.
If retaliation is proven, you may have a claim for wrongful termination
What Counts as Retaliation Under Ohio Law
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Retaliation includes, but is not limited to:
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Termination: firing you because you filed or pursued a claim
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Demotion: moving you to a lower position or reducing responsibilities
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Pay reduction: cutting your hourly rate or salary after you file
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Schedule changes: assigning unfavorable shifts as punishment
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Harassment: creating a hostile work environment to pressure you to drop your claim
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Blacklisting: interfering with your ability to find new employment.
If you believe you are being blacklisted or otherwise retaliated against, you may need to address these issues directly with your former employer.
The key legal question is whether the punitive action was motivated by your workers’ comp claim. Direct evidence (a supervisor saying “you’re fired for filing that claim”) is rare. Most retaliation cases rely on circumstantial evidence: suspicious timing, inconsistent employer explanations, or treating you differently than employees who did not file claims. Retaliation can have a significant impact on your overall workers compensation case, potentially affecting your rights and the outcome of your claim.
Filing Deadlines You Cannot Miss
Ohio law imposes strict deadlines on retaliation claims. You must give your employer written notice within 90 days of the retaliatory action, informing them of your intent to pursue a claim. After that, you have 180 days from the date of the retaliatory act to file a lawsuit in court.
Miss either deadline and you lose the right to sue, regardless of how strong your case is. These deadlines do not pause for holidays, weekends, or ongoing workers’ comp proceedings. An experienced Ohio workers’ comp attorney can help you meet these deadlines and build your case.
What to Do If You Were Fired While on Workers’ Comp in Ohio
If you were fired while on workers’ comp in Ohio, take three immediate steps: document everything related to your termination, continue your medical treatment through BWC, and contact an experienced Ohio workers’ comp attorney before the 180-day filing deadline expires.
Keep in mind that employers are not always required to keep your job open while you are on workers' comp, depending on the circumstances and company policies.
Additionally, under the Disabilities Act (ADA), your employer may be required to provide reasonable accommodations for your injury or disability, such as modified duties or workplace adjustments, and cannot retaliate against you for requesting these accommodations.
Document Everything
Save your termination letter, any emails or texts from your employer about the firing, your performance reviews from before and after the injury, and a written timeline of key dates: when you were injured, when you filed, when you were fired, and any communications in between. This documentation is the foundation of a retaliation case.
Continue Your Medical Treatment
Do not stop treatment because you lost your job. The Ohio Bureau of Workers’ Compensation continues to cover medical care for your allowed conditions after termination. Missing appointments or stopping treatment can be used to argue that your injury has resolved, which could jeopardize your benefits.
Contact an Ohio Workers’ Comp Attorney
With a 90-day notice requirement and a 180-day lawsuit deadline, time matters. Knisley Law has represented injured Ohio workers since 1953 and offers free case reviews for workers’ comp retaliation claims. There is no fee unless we recover compensation for you. If you were fired in Columbus, Chillicothe, Lima, Newark, or anywhere in Ohio, contact us for a free case review.
Mistakes That Can Hurt Your Workers’ Comp Case After Being Fired
Getting fired during a workers’ comp claim is stressful, and that stress leads to mistakes that can damage your case. Avoid these common errors:
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Waiting too long to act. The 180-day retaliation deadline under ORC 4123.90 is absolute. Once it passes, you cannot file a lawsuit, even if your employer clearly retaliated. Mark the date and talk to an attorney early.
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Stopping medical treatment because you lost employer insurance. Your workers’ comp medical benefits come through BWC, not your employer’s health insurance. Termination does not end BWC-authorized treatment. Stopping treatment creates a gap that the insurance company will use to argue you have recovered.
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Signing a severance agreement without legal review. Some employers offer severance packages that include a waiver of workers’ comp rights or retaliation claims. Never sign a severance agreement after being fired during a workers’ comp claim without having an attorney review it first.
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Not documenting the timeline. The connection between your claim filing and your termination is the strongest evidence in a retaliation case. If you cannot prove when key events happened, especially the link between your work injury and your termination, your case becomes much harder to win. Write down dates, save every document, and keep copies in a safe place outside of work.
Protect Your Rights After Being Fired on Workers’ Comp
Being fired while on workers’ comp is frightening, but Ohio law provides real protections. Your benefits can continue, and if your employer retaliated against you for filing a claim, you have the right to take legal action under ORC 4123.90.
Knisley Law has helped thousands of injured Ohio workers protect their rights since 1953. If you’ve been fired while on workers’ comp in Columbus, Chillicothe, Lima, Newark, or
anywhere in Ohio, we want to hear from you. Call us for a free case review. There is no fee
unless we win.
Frequently Asked Questions
Sources
· Ohio Revised Code Section 4123.90. Workers’ Compensation Retaliation Protection. codes.ohio.gov
· Ohio Bureau of Workers’ Compensation (BWC). https://info.bwc.ohio.gov/
· Ohio State Bar Association. At-Will Employment in Ohio. ohiobar.org
· Ohio Revised Code Chapter 4123. Workers’ Compensation Act. codes.ohio.gov
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The information on this blog is for general informational purposes only and does not constitute legal advice. Reading this blog or contacting Knisley Law Offices does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.