Workers’ Compensation And Protections Against Retaliation

Beyond concerns about recovering from their injury and obtaining benefits, injured workers may worry about potential retaliation from their employer. For this and other reasons, filing a workers’ compensation claim can be a daunting process.

Fortunately, Maryland law provides strong protections for workers who exercise their right to seek compensation for workplace injuries. If your employer takes adverse actions against you, don’t suffer in silence. Partner with a Baltimore personal injury lawyer to protect your rights.

What Is Retaliation?

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. This includes actions such as filing a workers’ compensation claim after becoming ill or injured on the job. Examples of retaliation include the following.

• Firing an employee for seeking benefits after a workplace injury.
• Reducing the employee’s job title, pay, or responsibilities as punishment.
• Hostile work environment. Creating an intolerable workplace through harassment or discrimination.
• Denial of benefits. Blocking promotions, pay raises, or other earned opportunities.

Maryland law prohibits employers from retaliating against employees who file workers’ compensation claims. Specifically, employers are not allowed to fire, demote, or discipline an employee solely for filing a claim. They are also not permitted to discriminate against the employee in any way that negatively impacts their career. These protections aim to ensure that employees can seek benefits for medical bills, lost wages, and other costs without fear of losing their livelihood.

What Can Employees Do if Retaliation Occurs?

If you believe you have been retaliated against for filing a claim, you have the right to take legal action against your employer. This may involve filing a complaint with the Maryland Department of Labor or pursuing a lawsuit for damages. Compensation could be in reach for lost wages, stalled benefits, and emotional distress. Punitive damages is also a possibility in some situations.

Navigating a workers’ compensation claim, healing from an injury, and launching a retaliation case at the same time can be incredibly stressful. Thankfully, a skilled Baltimore personal injury lawyer can provide critical support at every stage, from filing an initial claim to taking legal action.

As soon as you hire a lawyer they will begin the process of preparing and submitting your retaliation claim correctly. This can minimize delays and denials. Next, your attorney can gather evidence to demonstrate that the employer’s actions were directly tied to your workers’ compensation claim. Many retaliation cases are resolved through negotiations, where a lawyer can advocate for a fair settlement on your behalf.

If necessary, your attorney will file a lawsuit and represent you in court to pursue damages for wrongful retaliation. Throughout the process, a lawyer ensures that you are treated fairly and that your employer complies with Maryland labor laws.

What retaliation actions have you experienced? Filing a workers’ compensation claim is your legal right. The legal team at Iamele & Iamele, LLP can guide you through the legal process and help you secure the compensation and justice you deserve. Contact us to book a confidential consultation.