Can an Employer Terminate Me If I’m on Workers Comp?
November 16, 2018
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Workers’ compensation is given to employees who have suffered injuries through an accident while working. It is your legal Baltimore, MD right to get compensated if you are on the right side of the law. However, some employers take advantage of that to fire you since they do not want to pay you. That is wrong, and they are committing an offense by doing that, but you still have options.

It is unlikely that your employer will openly show that they are firing you due to your worker’s comp claim. However, they may give a reason that doesn’t hold up, and with that, you can sue them. If you have performed your duties as required up to the point of your injury, you should have a strong case.

Your lawyer will help you gather the necessary evidence to prove that the termination was retaliatory. While you may not go back to work after proving wrongful termination, you can get compensation. That is why you need a Baltimore, MD lawyer that understands all matters workers comp to guide you.

What Should Happen When You File a Workers Comp Claim and can Workers Comp Lawyer Baltimore MD help?

After notifying your employer of your injuries and filling the claims form, you should get medical attention. Your worker’s comp covering your medical expenses should start trickling in soon after you go to the hospital. You should also receive temporary disability compensation for the days you spend away from work.

Once you are out of the hospital and you have reached maximum medical improvement, your employer should consider your work restrictions. If for some reason your doctor recommends some changes in your work area, your employer should make some efforts to accommodate you.

If it is possible for you to work by your employer making minimal changes to your work area, then they are required to do that. It is a provision given by the Baltimore, MD Americans with Disability Act. However, there are some cases that the changes that your employer cannot effect and so he can let you go. There is the option of assigning you different duties that you can undertake, but that is not a must.


Does The Law Require Your Employer to Keep Your Job Open While on Workers Comp?

You cannot and should not be terminated from work for applying for Baltimore, MD workers comp. If this happens, it is against the law, and you have the right to sue your employer for damages. However, you need to put in a lot of work to find adequate evidence to prove your suit. Otherwise, your case may not go through for lack of merit.

However, the law does not require your employer to keep your job open if you are unable to perform it. For example, if you have reached maximum medical improvement and you are disabled, yet your work requires the use of your legs, then you can be terminated.

If you are permanently disabled and you are fired; as a result, you are eligible for vocational rehabilitation. That is a program that assists people who are unable to go back to their previous jobs, learn new skills that can enable them to do other work.

What Type of Evidence Do You Need to Prove Retaliatory Termination?

Before you can file a suit for wrongful termination, you need to have some evidence to support your case. If you have an experienced lawyer, he will inform you of what documents you need. These include:

  • Notice to your Baltimore, MD employer when you reported your injury.
  • A copy of the claim form that you filled.
  • Any evidence showing that your employer was discouraging you from filing for workers comp. It can be in the form of a bribe offered or threat of termination.
  • The letter of termination giving the reason why you are fired from your job.

Your attorney will assist you to compile all the evidence and come up with the perfect defense for your case. As a result, you have assured compensation for your losses.

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Call Workers Compensation Attorney Baltimore MD for Wrongful Termination

You may choose to handle your worker’s comp related issues on your own, but it helps to have someone experienced to help you.  Ensure that you hire a Baltimore workers comp lawyer that understands your case and the desired outcome. You can contact us at Baltimore, MD Ashcraft and Gerel LLP for a comprehensive consultation of your case. We will ensure that we handle everything so we can achieve our goals.