When Your Employer Retaliates for Filing a Maryland Workers’ Compensation Claim: Your Rights Under State Law

When injuries happen on the job in Maryland, workers’ compensation can help offset your costs. However, when an employee files a claim, some employers respond by taking actions that make an already difficult situation even harder.

Sudden schedule changes, demotion, termination, or a hostile work environment after filing a claim are not just unfair. Under state law, they may be illegal. Our experienced Maryland workers’ compensation attorney explains what counts as retaliation, how to recognize it, and what you can do to protect yourself.

Examples of Employer Retaliation in Maryland Workers’ Compensation Claims

Being injured on the job is bad enough. Facing retaliation for filing a Maryland workers’ comp claim makes the situation that much worse.

Some employers are direct about their displeasure, while others take a more subtle approach. Examples include:

• Termination or layoff without a legitimate, documented business reason.
• Demotion, reduction in hours, or reassignment to a less desirable position.
• Sudden negative performance reviews despite a previously clean employment record.
• Increased scrutiny, micromanagement, or harassment by supervisors.
• Exclusion from meetings, projects, or opportunities that the employee previously participated in.
• Threats, intimidation, or pressure from management to drop the claim or return to work before medical clearance.

Benefits available through the Maryland Workers’ Compensation Commission (WCC) can help cover medical bills and missed earnings for injured workers. Taking any of the above or other negative actions against them for filing constitutes illegal retaliation under Maryland law, and employers can be held liable for lost income, damage to your career, and other costs.

Maryland Law Protects Injured Workers Against Retaliation for Filing a Claim

Under Maryland Labor and Employment Code (Section 9-1105), employers are prohibited from threatening, demoting, or taking other negative actions against employees for filing a workers’ compensation claim. If you have concerns about your employer retaliating against you, take these steps:

• Document every adverse action taken by the employer, including dates and details.
• Save copies of performance reviews, emails, scheduling changes, and any communications.
• Report the retaliatory behavior to the Maryland Workers’ Compensation Commission and get legal help as soon as possible.
• Avoid resigning from your position if possible, as voluntarily leaving can complicate both your retaliation claim and your ongoing workers’ comp benefits.
• Document the timeline from when you filed your claim to when retaliatory actions occurred.

Continue following your medical treatment plan and attending all appointments, as the insurer can use gaps in treatment to challenge your rights to benefits.

Contact Our Experienced Maryland Workers’ Compensation Attorney Today

You shouldn’t have to choose between protecting your health and keeping your job. When on-the-job injuries in Maryland happen, Berman, Sobin, Gross, Feldman & Darby LLP can take the legal actions needed to prevent your employer from retaliating against you.

If you are facing this situation or other problems filing a claim, contact our experienced Maryland workers’ compensation attorney. The sooner you act, the stronger your case will be. Reach out and request a consultation today.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-1105&enactments=false