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Will I lose my job because of Maryland workers comp claim?

I am involved in a workers comp claim.  Can I lose my job in Maryland?

The short answer is- possibly.  You should not have to worry about losing your job for an accident that was not your fault!

Have you already been terminated?

For a free consultation contact Maryland worker comp attorney Andrew M. Rodabaugh at +1 (410) 937-1659

 

How can I be fired when I was injured on the job due to no fault of my own?

Unfortunately under Maryland workers comp laws there is very little job protection provided.  Maryland is an at-will employment state which means the employer can terminate the employee for almost any reason.  It also means that the employee can quit their job for any reason.

There are some exceptions to this employment relationship.  For starters, if there is a contract in place then the employee may be provided further protection from job loss.  Union employees are often privileged to contractual benefits.  Also, an Employer may not fire an employee for reasons such as race, gender, religion, sexual orientation etc. 

If you are a qualified employee and out of work because of a workers comp accident than the Family & Medical Leave Act (FMLA) may apply.  Federal law may provide job protection for 12 weeks.  If you are entitled to FMLA than your employer must keep a position open for your return for approximately 12 weeks.

Most importantly there are some protections under the Americans with Disabilities Act.  If you have been terminated for a disability it is best to contact an attorney right away.

Is there anything I can do to save my job?

It is usually best to keep the lines of communication open with your employer.  While each case is different and a free consultation with a workers comp attorney should be obtained, communication with the employer will help ensure them that you are interested in returning to work. 

It is also a good practice to get treatment started as soon as possible and put forth maximum effort while in treatment.  Attend all doctors appointments, put forth full effort when attended physical therapy, and keep reasonable recovery expectations.  The sooner you get well the sooner you will be released to go back to work.  At a certain point it may not be feasible for your employer to keep your position open so a quick return to work is best.

If I think I am going to be fired what should I do?

It is never to early to start looking for a new job if you are on workers comp.  Maryland workers comp laws allow those injured at work to seek out and obtain employment with a different employer and still be entitled to receive benefits under the case.  However the injured employee usually may not collect lost wages from workers comp while working for another employer.

If you believe that you are going to lose your job and are receiving workers comp benefits it is best to contact a Maryland workers comp attorney as soon as possible.  Attorneys will always provide a free consultation and if job loss is in the future now is the time to have an advocate. 

A workers comp attorney can help prevent you from losing certain valuable rights such as vocational rehabilitation.  In some instances this right is lost because of something the employee says or does.

Maryland Workers Compensation laws do provide vocational rehab benefits.

If you have been injured on the job and have been terminated from employment vocational rehabilitation benefits may be available.  If there is a disability that is preventing you from returning to your prior job than you may be entitled to job search assistance which is provided by a vocational counselor.  If Voc Rehab is approved than the workers comp insurance company will also have to continue lost wage payments.

For more see: Can a workers comp claim damage my employment relationship

For a free consultation contact Maryland worker comp attorney Andrew M. Rodabaugh at +1 (410) 937-1659

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Maryland workers compensation attorney Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers’ Compensation for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Maryland workers compensation lawyer, please contact him today. He has offices throughout the state and various convenient meeting locations.  Each and every case needs to be evaluated before legal advice can be provided.  Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.
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