Can I Be Fired for Filing a Workers’ Compensation Claim in Maryland?
February 21, 2019
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If you get hurt at work, you’ll need to file a workers’ comp claim. The law protects workers who get injured while on the job, a Rockville workers’ compensation lawyer can help. The purpose of workers’ compensation is to provide you with medical care for your injuries. It will also provide financial benefits until you’re ready to go back to work.

Everyone, for the most part, has a right to file a workers’ compensation claim. If you legitimately got hurt at work, there’s no good reason why your claim should be denied. However, this doesn’t mean your employer won’t be upset that you’re out of work.

While you’re out of work, your employer will have to pay someone else to do your job. In the meantime, his insurance will also be paying for your medical care. You’ll continue to be considered a full-time employee. You may even continue to accrue vacation time while you’re out. It’s understandable that your employer will be less than thrilled.

This does not mean, however, that your employer can fire you for filing a workers’ comp claim. That would be considered retaliation and is illegal.

A Rockville Workers’ Compensation Lawyer Will Help You if You Do Get Fired

Just because your employer isn’t allowed to fire you in retaliation doesn’t mean he can’t fire you at all. Maryland is an at-will state. This means that any employer can fire any employee for any reason at any time.

If your employer wants to terminate you, he’ll find a reason to do it. He’s not going to say it’s because you filed a workers’ compensation claim. He’ll find a legitimate reason for doing so.

It’s not likely that you’ll actually be fired while out on workers’ comp. However, you do need to be careful once you return to work. Your employer may find a reason to let you go within weeks or months of your returning to work.

If this happens, you need to contact a Rockville workers’ compensation lawyer. Your lawyer can help determine if you have a valid wrongful termination case. Keep in mind, since it is an at-will state, this will be very difficult.


Your Rockville Workers’ Compensation Lawyer Will Tell You to Be Careful

Rather than worry about filing a wrongful termination suit, consider ways to keep your job. You don’t want to give your employer any reason to fire you. Your Rockville workers’ compensation lawyer will tell you to keep the following in mind when you return to work:

  • Make sure you have perfect attendance. Don’t be late and don’t call out. You don’t want to violate the attendance policy and lose your job.
  • Keep your head down and focus on your job. Don’t waste time talking to people at work about your injury or time off. You want to jump right back into your job with 100% effort.
  • Don’t violate any company policies or rules. It’s important that you follow all the rules and regulations of your job. You want to be an exemplary employee. This will lessen your chances of being suspended or terminated.
  • Don’t post about your job on social media. As tempted as you may be to comment about returning to work, don’t do it. Your job should be separate from your personal life. You don’t want to be caught bad-mouthing the company on social media.

The last thing you need to do is lose your job as soon as you return. Although you received benefits while on workers’ comp, you don’t make as much as you do when you’re actually working. You can ill afford to lose your job after being out for months.

Contact a Rockville Workers’ Compensation Lawyer

If you have a feeling your employer is looking to get rid of you, contact a Rockville workers’ compensation lawyer. Chances are, your company is not going to fire you while you’re out on workers’ comp. That would be too obvious. However, you need to be careful once you return to work.

If, despite doing a good job you’re still fired, you’ll need an experienced lawyer to handle your case. A Rockville workers’ compensation lawyer can handle wrongful termination cases as well. Plus, they will already be familiar with your case. Who better to go to bat for you?

Call and schedule your initial consultation right away. Your attorney will go over your case and see if you have a valid claim against your employer. If you do, he’ll file it on your behalf and try to settle it quickly.