In Maryland, an employer is prohibited from terminating the employment of someone who was injured on the job solely because the employee filed a workers’ compensation claim. Unfortunately, the employer is able to terminate an employee who is missing time from work based on a work-related injury, or for any other lawful reason. Stated alternatively, if you are hurt on the job, the employer is not required to keep you employed.
In the event that the employer terminates an injured employee for a lawful reason, the injured employee is still entitled to receive benefits from the workers’ compensation process that they would otherwise be entitled to. For example, the injured worker would still be entitled to temporary total disability benefits (TTD) and permanent partial disability benefits (PPD). The injured worker would also still be entitled to medical benefits and treatment.
If you suspect you have been fired for filing a valid workers’ comp claim, you should absolutely contact a lawyer. Just because it is difficult to prove, doesn’t mean it isn’t something that should be pursued. It should! Filing a valid comp claim is your right as an employee. Don’t let this right be taken away from you from a greedy employer or insecure supervisor.
Warnken, LLC won a case where an employee was fired by a major corporation because the boss was unhappy about it. The employee received nearly half a million dollars. This case is the exception, rather than the rule, but it certainly does happen.
Ideally, your supervisor or whomever fired you for filing the comp claim will have made a statement that makes their motives apparent. This, however, is not necessary. Getting fired for filing a workers’ comp claim in Maryland is a very case specific discussion. The particular facts in your case matter a lot. Call a lawyer.
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