Can An Employer Fire You for Filing a Workers’ Compensation Claim in Maryland?

Maryland workers who get injured on the job may be entitled to workers’ compensation, which acts as insurance and helps pay medical costs and lost earnings while you recover.  Most businesses in the state are required to carry workers’ compensation coverage. However, they may be less than thrilled with having to pay benefits and adjust schedules until injured workers get cleared to return to work.

This raises the question: Can an employer fire you for filing a claim? Our Maryland workers’ compensation attorney protects clients in these cases. Find out more about rights and what to do if an employer attempts to retaliate against you.

Fired After Filing A Maryland Workers’ Compensation Claim?

Maryland workers’ compensation laws help ensure injured employees receive financial support and medical treatment. They also prevent employers from firing an employee just for getting injured on the job or filing a workers’ compensation claim.

However, keep in mind that Maryland is an ‘at will’ employment state. As such, there are several reasons employers may use to justify taking action against you. These include:

• Claiming your injuries resulted from disregarding safety rules and putting others at risk, fighting with other workers, or being impaired while on the job;
• Attributing your firing to other job cuts or a company-wide downsizing;
• Pointing to poor performance reviews in the past;
• Claiming you are otherwise unable to perform your job.

Protecting Your Rights On The Job And To Maryland Workers’ Compensation Benefits

Filing a workers’ compensation claim in Maryland is rarely easy. While insurers often try to downplay your injuries or dispute your rights to benefits to avoid payouts, your employer may use any of the above or other excuses to terminate your employment completely.

If you get fired for filing a Maryland workers’ compensation claim or face other types of retaliation on the job, take these steps to protect yourself:

• Document Everything: Keep detailed records regarding your injuries and any interactions with your employer, including emails, written warnings, and anything that suggests retaliation.
• Get Professional Legal Help: Get an experienced Maryland workers’ compensation attorney to represent you in dealing with your employer while guiding you and protecting your rights throughout the legal process on the workers’ compensation portion of your claim. In cases of retaliation, our firm can also help connect you with attorneys who specialize in Employment Law matters, which are separate from Workers’ Compensation.

Contact Our Experienced Maryland Workers’ Compensation Attorney Today

Were you denied benefits? Reach out to Berman | Sobin | Gross LLP. We represent you in dealing with employers, insurance companies, and the WCC, protecting your rights and fighting to get the maximum amount you deserve. Contact us today to schedule a consultation with our experienced Maryland workers’ compensation attorney.

Sources:

peoples-law.org/workers-compensation

mgaleg.maryland.gov/mgawebsite/Laws/StatutesAffected?statuteValue=gle&statuteText=Labor%20and%20Employment%20-%20%28gle%29