In a today’s decision, the Ohio Supreme Court expanded protection for workers injured on the job. An employee who is injured on the job but does not have a workers’ compensation claim is nonetheless protected from retaliation.
In this case, the Plaintiff injured his back in April 2008 and got fired less than an hour after he reported the injury to the company’s president. Although the worker filed suit alleging retaliation, he did not at the time file a workers’ compensation claim at the time of his dismissal.
The Court ruled that the intent of the statute is to protect all injured workers, regardless of workers compensation claim status. Leaving a gap in protection before the filing of a claim would create a too disparate gap between employer and employee rights following an injury. Despite that, the Court did not find that the timing of the firing was sufficient to establish retaliation in the case.