Dawicke Law
Jason E. Dawicke, Attorney at Law
Dawicke Law
P.O. Box 663
Lewis Center, OH 43035

Workers' Compensation Retaliation

Filing a workers' compensation claim following an on-the-job injury is considered a protected activity (see the "Retaliation" page for more details). As such, employers are prohibited from retaliating against an employee who files a workers' compensation claim or otherwise participates in a workers' compensation proceeding. Therefore, if you have been discharged after instituting or pursuing a workers' compensation claim, you may be entitled to damages.

Ohio Revised Code Section 4123.90 protects injured workers from unlawful retaliation following the filing of a workers' compensation claim, but in order to benefit from the law's protection, employees are required to follow some strict guidelines. Some of these guidelines must be completed within a short timeframe. For instance, if you intend to pursue your workers' compensation retaliation claim you must send a certified letter to your employer informing it of the claimed anti-retaliatory action within 90 days following the alleged retaliation. In addition, you must file a complaint in the appropriate court within 180 days following your discharge.

Failure to abide by these guidelines will result in the permanent forfeiture of your retaliation claim. Therefore, it is imperative that you contact an attorney experienced in handling workers' compensation retaliation claims immediately after being subjected to a retaliatory action in order to preserve your legal rights.

If you feel that you have been subjected to workers' compensation retaliation, please complete and submit the following form fields:

All fields are required
Full Name:
Phone Number:
Email Address (if none, enter N/A):
Preferred Method of Contact:
Employer at Issue:
Date of Injury resulting in Workers' Compensation claim:
Date in which Workers' Compensation claim was filed:
Form of adverse action suffered
(i.e. fired, laid off, demoted, etc.):
Date(s) of adverse action:
Describe why you believe that your employer retaliated against you as a result of filing a workers' compensation claim:
What reason(s) has your former employer provided as justification for your discharge?
Submission of this form does not establish an attorney-client relationship. Upon review of your responses, I may offer to represent you. Unless and until you receive a signed letter from me confirming representation, I have not agreed to represent you. In addition, submission of this form does not relieve you from complying with all applicable statutory deadlines required for filing your claim(s) with the appropriate agency or court.