January 5, 2022

Can My Job Fire Me While I’m On Workers’ Comp?

If you're one of the millions of Americans receiving workers' comp due to an injury that occurred while on the job, you may have found yourself wondering about your job security. Being fired, laid off, or let go while on workers' comp is a legitimate fear many hardworking employees hold. In the state of Maryland, employees work at the will of their employer, meaning that they can be terminated at any time. However, protections within Maryland regard discrimination as an illegal reason for being fired. For example, it is unlawful to fire an employee for filing for workers' comp and is considered a form of retaliation or discrimination. This would be regarded as a violation under state or federal laws to terminate an employee filing a workers' comp claim. That's why it's essential to work with Shultz Legal to understand your rights while you're on workers' comp or before you begin to file.

The Laws in Maryland for Being Fired on Workers' Comp 

Under Maryland law, you can be fired at any given time, even if you're receiving workers' comp. However, it is illegal to fire an employee solely for filing a workers' comp claim as a form of retaliation. Some employers will scoot around this law by finding reasons to terminate an employee outside of filing a workers comp claim. For example, an employer may state that you were fired due to previous poor work performance or lay you off due to a lack of contracts. As an at-will employment state, your employer may fire you for any reason at any time, even if you're receiving workers comp. However, they cannot fire you as retaliation for filing a workers comp claim. 

Am I Still Eligible to Receive Workers' Comp After Being Fired?

If your company fires you while you're receiving workers' comp, in most circumstances, your former employer's insurance company must continue to make temporary partial payments or total disability payments. This is always based upon what your employer's insurance company has been ordered to pay. For employees who haven't filed a workers comp claim, you are also still eligible to file a claim and receive workers comp benefits after being terminated by your former employer. No matter what happens, you will continue to receive workers' comp benefits even if you're fired.

How Can I Prove My Employer Filed Me in Retaliation?

If you're fired in retaliation for filing a workers comp claim, you're going to need a highly experienced workers comp attorney to help protect your rights and prove to the courts that your employer retaliated against you. Unfortunately, it can be challenging to prove that your employer retaliated against you in most instances. However, with an experienced legal team, it's possible to prove retaliation. Contact Shultz Legal for a consultation regarding workers' comp today!

Shultz Legal Can Represent Your Workers’ Compensation Claim 

Shultz Legal is your experienced workers' compensation law office with convenient locations in Baltimore and Bowie, MD. We have the expertise to help ensure that you or a loved one can navigate the Workers Compensation claim process with confidence. Contact us today to help secure your rightful benefits and recoup financial losses from mounting medical bills. Give us a call at (410) 505-7627 or submit a request for a case consultation using our online contact form.