Can You Be Fired While On Workers’ Compensation?

If you’ve been injured on the job and are receiving workers’ compensation benefits, you might wonder whether your employer can terminate your employment as you heal. It’s important to understand your rights as a Maryland employee receiving workers’ compensation benefits, talk to a Baltimore personal injury lawyer to have your unique concerns addressed.

Can an Employer Fire You While Receiving Workers’ Comp?

The answer to this question is nuanced. Maryland law prohibits an employer from firing an employee solely because they filed a workers’ compensation claim. Doing so is considered retaliation and is unlawful. That said, this protection doesn’t mean that an employer cannot terminate an employee for other valid reasons unrelated to the injury or compensation claim.

Maryland’s workers’ compensation system is designed to provide employees with financial support for medical expenses and lost wages if they are injured at work. This system helps cover medical bills, rehabilitation costs, and a percentage of lost wages. That said, it does not guarantee job protection or reinstatement upon recovery. Employers must comply with state and federal employment laws, but they are not required to hold your position indefinitely.

For example, an employer may terminate employment for reasons such as company restructuring, poor job performance, or misconduct. Also, employers are not obligated to keep a position open indefinitely if an employee is unable to perform their duties due to medical restrictions from a work injury.

The Family and Medical Leave Act (FMLA) may be a way to provide you with job security as you are home recovering from an injury or illness sustained at work. FMLA allows eligible employees to take up to 12 weeks of unpaid leave for serious health conditions, which may include work-related injuries.

To qualify for FMLA, employees must have worked for the employer for at least a year and clocked at least 1,250 hours in the previous year, and the employer must have 50 or more employees. If you’re covered under FMLA, you may be entitled to return to the same or an equivalent position once your leave ends.

Addressing Termination Suspicions

Facing potential job loss while on workers’ compensation can be incredibly stressful. If you suspect you will be terminated or if you feel your rights under FMLA or workers’ compensation law are being ignored, consult with a Baltimore personal injury lawyer.

Once you share your story with an attorney, they can help you determine if your employer’s actions are lawful. An attorney can provide guidance, help protect your rights, and, if necessary, represent you in a wrongful termination claim if there is evidence of retaliation.

Do you believe you were unjustly fired while healing from a work injury? While Maryland employees on workers’ compensation have certain rights, they are not immune to termination under valid, non-retaliatory circumstances. Share the specifics of your situation with the legal team at Iamele & Iamele, LLP. It’s essential to understand both your rights and your employer’s obligations to make informed decisions about your job security while you recover. Contact us to book your confidential appointment.