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Were You Fired for Filing a Workers’ Comp Claim?

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Maryland employees have certain rights, and one of these rights is to be able to file a workers’ compensation claim without being retaliated against by their employer. If you were fired simply for filing a workers’ compensation claim, you can take legal action against your employer to fight for your job and financial compensation for the damages that they have caused you. Tara K. Frame, an experienced Anne Arundel County workers’ compensation attorney, can help defend you against such actions by an employer and successfully receive the workers’ compensation benefits for which you qualify.

At Will Employment Means Employees Can Be Fired For Almost Any Reason, Save a Few

Maryland is an at-will employment state, meaning that an employer can fire an employee for any reason, or no reason. When an employer’s decision to fire an employee is based on race, religion, national origin, sex, or gender, or when the termination is in response to the filing of a workers’ compensation claim, that action is illegal according to the Maryland and federal statutes. State and federal laws protect employees from retaliation in the following instances, among others:

  • For filing a workers’ compensation claim,
  • For inquiring about workers’ compensation benefits,
  • For cooperating in a workers’ compensation investigation claim
  • For making a formal safety complaint to the Occupational Safety and Health Administration (OSHA), and
  • For cooperating in an OSHA investigation.

Were You Fired After Getting Injured But Before You Filed a Claim?

The law does not protect an employee from termination for getting injured or sick on the job. If you get injured, an employer might suddenly fire you the next day and that would not be illegal. This does not mean that you cannot still file a workers’ compensation claim. Terminated employees can file for workers’ compensation. Your employer is not automatically safeguarded by laying you off the minute you get injured at work.

Keeping Silent Out of Fear?

Injuries heal the fastest and most thoroughly when there is an early diagnosis, the patient gets regular medical attention early and often, they work with a specialist, if necessary, and there is a set plan for recovery, according to U.S. News & World Report. If you injured on the job, don’t wait to file a workers’ compensation claim in fear of retaliation,  or in the hope that your injury will heal on its own.  We encourage you to file for the benefits you deserve now, before your time frame for reporting the injury has past.

Call Maryland Workers’ Compensation Attorney Tara K. Frame

If you were injured on the job and fired for filing a workers’ compensation claim, you have legal rights.  Tara K. Frame can help you get the benefits that you deserve, reach out to the Pasadena workers’ compensation attorneys of Frame & Frame today at 410-255-0373 to set up a free consultation. We are here to fight for your rights as a Maryland worker.

Resources:

dllr.state.md.us/labor/wagepay/wpatwill.shtml

health.usnews.com/wellness/articles/2017-04-27/why-do-some-people-heal-faster-from-injuries

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