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Can my employer fire because of my Maryland workers comp case?

If you have filed a worker compensation claim in Baltimore, or throughout the state of Maryland, you should not fear your employer will terminate you.

For a no cost consultation with Maryland workers compensation attorney Andrew Rodabaugh +1 (410) 937-1659     OR         Email

Under Maryland labor & Employment article 9-1105 specifically states that “an employer may not discharge a covered employee from employment solely because the covered employee files a claim for compensation….”  If an employer specifically states that they are terminating an injured worker for filing a workers compensation claim they are subject to penalty.  First, any person or company that violates this section is guilty of a misdemeanor and could be subject to a fine of $500 or less, or a $500 fine and imprisonment for 1 year or less.

It is probably unlikely that time in prison will be the punishment however each and every instance of these wrongful terminations should be investigated by the workers compensation attorney and possibly referred to the state prosecutor for further handling.

In addition to the criminal penalty there are civil actions available to the injured worker.  Because such actin violates public policy the workers compensation attorney or a labor and employment attorney is able to bring a wrongful termination action.  These specific forms of wrongful termination actions are brought only on a rare occasion because the evidentiary requirements can be difficult to meet.  The worker must show that he or she was fired “solely and directly” because of filing for workers compensation benefits.

Baltimore workers compensation attorneys are available to explain what other actions an employer may not take and the possible penalties and sanctions for doing so.

 

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