If you’ve been injured at work and are considering filing a workers’ compensation claim, it’s important to understand your rights. After all, no one should have to worry about losing their job or facing discrimination for seeking the benefits they deserve.
So, can your employer fire you for filing a workers’ compensation claim?
The short answer is no. In most states, it’s illegal for an employer to fire someone in retaliation for filing a workers’ compensation claim in Baltimore, MD. This means that if you file a claim and then get fired shortly afterward, your employer must prove that the two events were unrelated.
However, this doesn’t mean that employers can’t fire employees who are on leave due to a workplace injury. There are certain circumstances where this is permissible.
When Can My Employer Fire Me While I’m on Leave?
Most employers are prohibited from firing an employee while they’re out on leave due to a workplace injury.
However, if the employee was terminated due to misconduct or poor performance before taking leave, then the law may allow their termination even if they’re still off work due to an injury when the termination occurs.
Additionally, if an employee is unable to return to work after their leave period has expired – or if the employee decides not to return – then an employer may be able to legally terminate them without penalty.
What Should I Do If I Get Fired Illegally?
If you think you’ve been wrongfully terminated as retaliation for filing a workers’ compensation claim or due to being out on leave, speak to an experienced attorney about your options. Depending on the specifics of your case and where you live, there may be legal remedies available that can help protect your rights and restore any lost wages or other damages resulting from wrongful termination.
