Can I Get Fired for Filing a Workers’ Comp Claim in MD?
The law says you can’t be fired for filing a claim, but, that said, you still might lose your job.
An employer cannot fire you as retaliation for filing a workers’ comp claim in Maryland? It is your right, as an injured worker, to file a claim. But the language of the act uses the word “solely.” They can’t terminate you “solely” for filing a workers’ compensation claim. Meaning, they can terminate you, so long as the filing of the claim is not the only reason.
You can see, this makes it easier than you might think for the employer to let you go without it being wrongful termination. For instance, if an employee is no longer able to perform their job, they can be fired. For instance, if you work in construction demoing buildings and you lose an arm, you are not automatically entitled to keep your job. Moreover, the employer is not obligated to give you another job within the organization. That cushy office job may not be waiting for the injured worker.
Just because you can be terminated doesn’t mean you will lose workers’ comp benefits. If the injury happened while you were on the job, you can still receive temporary total benefits (TTD) and permanent partial benefits (PPD) as well as any and all other things you were entitled to. Employment at the time of injury is what matters.
Wrongful termination does happen though. If comments were made to you by others in the company about you filing a workers’ comp claim, you may have a case for wrongful termination. The best thing to do is talk to a lawyer about whether you have a case.