Fired While on Workers’ Compensation: Is It Legal to Terminate You While You’re Injured?
Getting injured at work is stressful. Between dealing with pain, doctor’s visits, and financial worries, the last thing you expect is to lose your job. Unfortunately, some Maryland workers are fired while they’re on workers’ compensation or right after filing a claim. This raises an important question: Can an employer legally fire you while you’re injured and on workers’ comp?
The answer is complicated. Maryland is an “at-will” employment state, meaning an employer can fire an employee for almost any reason—or no reason at all. However, there are legal protections that prevent employers from firing someone because they filed a workers’ compensation claim or because of a work-related injury. When an employer crosses that line, it could be considered wrongful termination.
In this article, we’ll explain your rights, how to recognize retaliation, and what evidence you need if you believe you’ve been wrongfully terminated after a workplace injury.
Workers’ Compensation Rights in Maryland
If you get hurt on the job in Maryland, you have the right to file a workers’ compensation claim. Workers’ comp provides benefits like:
- Medical care for your injury.
- Wage replacement while you recover.
- Compensation for permanent injuries or disabilities.
Filing a workers’ comp claim is your legal right. Employers are prohibited from firing or punishing you for filing a claim. This kind of action is called retaliation, and it is illegal.
However, it’s important to understand that being on workers’ comp does not make you “untouchable.” An employer can still terminate an injured worker if the termination is for a legitimate, non-retaliatory reason—such as a company-wide layoff or documented performance issues that existed before the injury.
When Firing an Injured Employee Becomes Illegal
If an employer fires you because you filed a workers’ compensation claim, or because they don’t want to accommodate your injury-related restrictions, it could be considered wrongful termination. Here are some examples of situations where the termination might be illegal:
- You are fired shortly after filing a workers’ comp claim, with no clear reason.
- Your employer claims they “don’t have light-duty work” but didn’t make any real effort to accommodate your restrictions.
- You receive negative performance reviews for issues that were never documented before your injury.
- You are harassed or pressured to quit after filing a claim.
Additionally, if your work injury results in a disability, you may have further protections under the Americans with Disabilities Act (ADA). The ADA requires employers to provide reasonable accommodations for workers with disabilities, unless it would cause an undue hardship for the company. Firing someone instead of making accommodations can be considered discrimination.
How to Spot Retaliation After a Workers’ Comp Claim
Sometimes, retaliation isn’t obvious. Employers may not directly say they’re firing you because of your injury or workers’ comp claim. Instead, they might look for excuses to justify termination. Here are some warning signs of retaliation:
- Sudden Changes in Treatment: You notice a change in how you are treated by management after filing a claim.
- Increased Discipline: You start receiving write-ups or poor performance reviews that you never had before.
- Isolation or Exclusion: You’re left out of meetings or important projects.
- Unrealistic Job Demands: You’re given tasks that are impossible to complete due to your medical restrictions.
- Terminated Without Warning: You are fired abruptly, even though you had a good record before your injury.
If any of these situations sound familiar, your termination might not be lawful.
What Evidence Should You Collect?
If you suspect you’ve been wrongfully terminated while on workers’ comp, it’s important to gather evidence to support your case. Here are key pieces of documentation that can help:
- Medical Records: Show proof of your injury, doctor’s restrictions, and treatment plans.
- Workers’ Comp Filing: Keep a copy of your claim and any communication with your employer or insurance company.
- Emails and Written Communication: Save emails or texts that mention your injury, accommodations, or termination.
- Employee Handbook or Company Policies: If the employer violated their own policies, this could support your case.
- Witness Statements: If coworkers witnessed retaliation or unfair treatment, their statements could be valuable.
- Timeline of Events: Create a detailed timeline showing when you filed your claim, when the retaliation started, and when you were terminated.
This evidence will be important if you choose to file a claim or lawsuit.
Filing a Wrongful Termination Claim
If you believe you’ve been fired in retaliation for filing a workers’ comp claim, you may have grounds to pursue a wrongful termination claim. Depending on the circumstances, you may be able to file a complaint with the Maryland Workers’ Compensation Commission (WCC), the Equal Employment Opportunity Commission (EEOC) (if ADA violations apply), or file a lawsuit in court.
A wrongful termination claim can help you seek:
- Back pay for lost wages.
- Compensation for emotional distress.
- Reinstatement to your former position (in some cases).
- Coverage for attorney’s fees and legal costs.
Because these cases can be complex, it’s important to speak with an experienced wrongful termination attorney DC who can guide you through the legal process and fight for your rights.
Conclusion
While Maryland employers have broad discretion under at-will employment, firing an employee because of a workers’ comp claim or injury-related restrictions is illegal. If you believe you’ve been wrongfully terminated while recovering from a workplace injury, don’t wait to take action. Knowing your rights, documenting retaliation, and seeking legal advice are essential steps to protecting yourself.