I Got Hurt at Work and They Fired Me in Maryland

If you were injured at work and then fired in Maryland, you have rights and options to protect yourself. Start by documenting your injury, gathering any correspondence with your employer, and contacting a Maryland employment attorney to discuss your case. Legal support can help secure compensation and challenge unfair termination.

Fired after getting hurt at work in Maryland? Protect your rights and explore your legal options. Contact Rockville employment lawyer today for expert advice.

Can a job fire you for being injured?

Under Maryland law, employers cannot fire an employee solely for being injured on the job. Maryland is an “at-will” employment state, meaning employers can generally terminate an employee for any reason or no reason at all, as long as the reason is not illegal.

However, retaliating against an employee for filing a workers’ compensation claim or for requiring reasonable accommodations due to a work-related injury is prohibited. While an employer may legally terminate an employee for reasons unrelated to the injury—such as performance issues or company restructuring—firing an employee because they filed a claim or needed time off to recover is illegal.

Employees have the right to seek workers’ compensation benefits without fear of retaliation. If you believe your termination was related to your injury, consulting with a Maryland employment attorney can help determine your eligibility to pursue a claim against the employer.

For additional support and legal guidance, our team is here to help protect your rights and ensure you receive the benefits you deserve if your termination was unjust.

Steps to take if you are fired after a workplace injury

If you’ve been fired after sustaining a workplace injury, taking immediate action to protect your rights is essential. Follow these steps to maximize your chances of a successful outcome:

1. Document Your Termination: Write down details of your termination, including any conversations with your employer and the exact reason provided (if any). This information will help you understand whether the termination was due to factors unrelated to your injury or if it may be an act of retaliation.
2. Gather Evidence of Your Injury and Termination: Save emails, messages, and any relevant documentation that shows you reported the injury to your employer and received treatment. This evidence can strengthen your claim if you decide to pursue legal action.
3. Consult a Flood Law Attorney: Securing experienced legal guidance can significantly impact the outcome of your case. We will help you determine whether your termination was unlawful and advise you on the best course of action. 
4. Understand Your Rights Under Workers’ Compensation: Maryland law protects injured employees from being fired solely because of a workplace injury. Filing for workers’ compensation benefits is your legal right, and any retaliation for doing so is unlawful. Familiarizing yourself with your rights can help you with the process more confidently, but this is something we will advise you on.
5. File a Workers’ Compensation Claim: If you haven’t done so already, file a workers’ compensation claim as soon as possible. This step is key to securing benefits for medical bills, wage replacement, and other injury-related expenses. Filing a claim also establishes an official record of your injury. This is something we can do on your behalf.
6. Request Your Personnel File: You have the right to request a copy of your personnel file. This can help you understand if there are any documented performance issues or other reasons provided by your employer for the termination. Reviewing your file may also uncover inconsistencies in your employer’s rationale.
7. Contact the Maryland Workers’ Compensation Commission (MWCC): If you encounter any issues with your workers’ compensation claim or if it is denied, reach out to the MWCC for further assistance. They can provide information about next steps, including requesting a hearing. Alternatively, we can completely handle any communication with the MWCC for you.
8. Consider Filing a Wrongful Termination Claim: If there is evidence of retaliation for filing a workers’ compensation claim, we may recommend filing a wrongful termination lawsuit. This claim can help you seek compensation for lost wages, emotional distress, and other damages resulting from the unlawful firing.
9. Maintain Professional Conduct: While it’s natural to feel frustrated, it’s essential to remain professional in your communications with former colleagues or employers. Avoid making statements that could be misinterpreted and harm your case. A calm, measured approach can strengthen your case if it goes to court.
10. Explore Vocational Rehabilitation Services: If your injury impacts your ability to return to your previous role, look into vocational rehabilitation services offered by Maryland’s workers’ compensation program. These services can help you develop new skills and find alternative employment. 

If you were fired after a workplace accident in Maryland, it’s essential to understand your rights. Contact our Washington DC employment lawyer for experienced legal support!

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What are your rights under Maryland law?

As an injured employee in Maryland, you have several important legal protections designed to ensure your rights are respected, and your recovery is supported. Whether you’ve been injured on the job or have developed a long-term disability due to workplace conditions, Maryland law, along with federal statutes, provides safeguards that prohibit wrongful termination, ensure fair treatment, and support your access to benefits.

Here’s an overview of the laws that apply to injured employees in Maryland:

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against employees with disabilities, ensuring they receive fair treatment in the workplace. For injured workers, this means an employer cannot terminate employment solely due to an injury if reasonable accommodations would allow them to perform their job.

Reasonable accommodations may include duties adjustments, modified work hours, or equipment adaptations that facilitate work performance. Employers are legally obligated to explore these options, provided they do not impose “undue hardship” on the business.

Family and Medical Leave Act (FMLA)

Under the FMLA, eligible employees in Maryland are entitled to up to 12 weeks of unpaid leave per year to address serious health conditions, including work-related injuries. This federal law ensures that employees can take necessary time off for treatment or recovery without fear of losing their jobs. 

FMLA protections are available to employees who have worked at least 12 months for an employer with 50 or more employees within a 75-mile radius. This leave can also be taken intermittently, allowing employees to return to work part-time if full-time work is not immediately possible.

Occupational Safety and Health Act (OSHA) – Anti-Retaliation Provisions

The OSHA Anti-Retaliation Provisions protect employees who report workplace safety hazards or who file claims related to injuries suffered on the job. Maryland employers are prohibited from retaliating against employees who exercise their rights under OSHA, which includes reporting unsafe work conditions or filing a complaint about a workplace injury.

Retaliation may involve firing, demotion, or any form of discrimination that negatively impacts the employee’s job status. Employees who face retaliation have the right to file a retaliation complaint with OSHA or the Maryland Occupational Safety and Health (MOSH) department.

Maryland Workers’ Compensation Law (Md. Code, Labor and Employment § 9-1105)

The Maryland Workers’ Compensation Law benefits employees who suffer work-related injuries or illnesses, covering medical expenses, lost wages, and rehabilitation services. This law entitles injured workers to compensation regardless of fault, meaning employees can receive benefits even if the injury was accidental or due to their error. 

Key benefits include temporary total disability (TTD) for time missed at work due to the injury, temporary partial disability (TPD) for reduced earnings during recovery, and permanent disability benefits if the injury results in long-term impairments. Importantly, employers cannot terminate employees simply because they file a workers’ compensation claim, as doing so would constitute wrongful termination.

Maryland Reasonable Accommodations for Disabilities

Maryland law, under the Maryland Fair Employment Practices Act (MFEPA), requires employers to provide reasonable accommodations for employees with disabilities, including those resulting from workplace injuries. Employers in Maryland must engage in an “interactive process” with the injured employee to determine suitable accommodations that allow them to continue working.

This might include modified duties, part-time work, or adaptive equipment. Under Maryland law, an employer’s failure to accommodate an employee’s disability without undue hardship may be discriminatory.

At Flood Law, our experienced employment attorneys are here to help you understand these protections and pursue the benefits and rights that Maryland law affords injured workers. Whether you need assistance filing a workers’ compensation claim, asserting your ADA rights, or seeking fair treatment under OSHA, our team can guide you every step of the way.

How to prove retaliation after being fired for getting hurt at work

To prove retaliation, an employee must demonstrate specific elements that collectively build a case for wrongful termination related to their injury. Here’s how we will establish a solid foundation for a retaliation claim:

1. Engagement in Protected Activity: The first element shows that you have engaged in a legally protected activity. In the context of workplace injuries, this could mean filing a workers’ compensation claim, reporting unsafe working conditions, or requesting accommodations for an injury-related disability. Maryland law protects employees who assert their rights in these situations.
2. Adverse Employment Action: We must show that your employer took adverse action against you after your injury. Adverse actions include termination, demotion, pay cuts, shift reassignments, or any other change that negatively impacts your employment status or work environment.
3. Causal Connection Between Injury and Termination: An important part of proving retaliation is linking your protected activity (such as filing a workers’ compensation claim) to the adverse action taken by your employer. Evidence such as emails, witness statements, or timing (e.g., being terminated shortly after filing a claim) can support the claim that the termination was directly related to your injury or the subsequent claim.
4. Evidence of Employer Intent: Retaliation claims are strengthened by evidence that your employer acted with discriminatory intent. This can include derogatory remarks, changes in treatment after filing the claim, or performance reviews suddenly turning negative without prior issues. Documentation, records of communications, and any witnesses to conversations are essential pieces of evidence.
5. Pattern of Retaliation: If we can show that your employer has a history of retaliating against injured workers or mistreating those who file claims, this can bolster your case. Examples include similar cases within the company, testimonies from other employees, or a record of unusually high claim denial rates.

If you were hurt at work and fired in Maryland, you may be unable to return without understanding your rights. Contact our Rockville employment attorney today for expert legal assistance!

Can you sue for wrongful termination due to work injury?

Yes, employees who believe they were wrongfully terminated due to a work-related injury can file a lawsuit against their employer. In Maryland, if an employee’s firing was directly related to filing a workers’ compensation claim or to their need for accommodations following a workplace injury, the termination may be considered wrongful.

Here’s how the legal process typically works:

1. Consult with an Attorney: An attorney from our firm specializing in employment law will evaluate your case, gather necessary evidence, and offer insight into Maryland’s specific protections.
2. File a Complaint: Depending on the nature of the claim (discrimination, retaliation, or wrongful termination), the initial step often involves filing a complaint with a relevant state or federal agency, such as the Maryland Department of Labor or the Equal Employment Opportunity Commission (EEOC).
3. Gather Evidence: This includes employment records, records of your workplace injury, witness statements, medical reports, and documentation of any retaliatory behavior.
4. Negotiation or Litigation: In many cases, your attorney from Flood Law may attempt to negotiate a settlement with your employer. If negotiations are unsuccessful or impossible, the case can proceed to litigation, where both sides present evidence in court. Successful lawsuits may result in compensation for lost wages, emotional distress, or even reinstatement if feasible.
5. Potential Damages: Maryland law allows wrongfully terminated employees to pursue compensation for various damages, including lost income, benefits, and emotional harm. In some cases, punitive damages may also be available for a personal injury claim if the employer’s conduct was particularly egregious.

Statute of limitations for filing a claim in Maryland

Here’s an overview of the specific timeframes you must follow when filing claims related to workplace retaliation or wrongful termination:

• Equal Employment Opportunity Commission (EEOC): Employees who believe they have been wrongfully terminated or retaliated against due to discrimination must file a charge with the EEOC within 180 days of the alleged retaliation. However, if the claim falls under a state or local jurisdiction with anti-discrimination laws, this period can extend to 300 days. This extension applies if Maryland’s laws align with the federal protections against retaliation or wrongful termination. Filing within this timeframe is essential to preserve your right to pursue a claim under federal law.
• Occupational Safety and Health Administration (OSHA): For workplace safety-related retaliation cases, such as being fired for reporting unsafe working conditions, employees must file their complaint with OSHA within 30 days of the retaliatory action. This short timeframe is critical, as OSHA enforces strict deadlines to ensure timely investigations and responses to safety-related retaliation.

What compensation can you recover?

Maryland law may entitle you to various forms of compensation if you’ve been wrongfully terminated or retaliated against after sustaining a workplace injury. Each type of compensation aims to address specific damages you may have suffered due to your employer’s actions.

• Workers’ Compensation Benefits: If your termination or retaliation is connected to a workplace injury, you may still be eligible for workers’ compensation benefits. This includes medical treatment costs, wage replacement, and disability benefits to support you while you recover. Even after termination, these benefits can ensure your medical and financial needs are met.
• Back Pay: In wrongful termination cases, you may be awarded back pay, compensating for the wages you would have earned had you not been terminated. This amount typically covers the period from the termination date to the resolution of your case, helping to bridge financial gaps caused by the loss of income.
• Lost Wages: Beyond back pay, you might also be entitled to recover lost future wages if your termination has impacted your long-term earning capacity. For example, if your injury or wrongful termination limits your ability to find similar work, you may be compensated for the projected loss of income over time.
• Emotional Distress Damages: Being wrongfully terminated or retaliated against can lead to significant emotional and psychological harm. Compensation for emotional distress aims to address the mental anguish, anxiety, or depression that may have resulted from your employer’s actions, especially in cases involving harassment or severe retaliatory behavior.
• Punitive Damages: The court may award punitive damages if the employer’s conduct was particularly egregious or reckless. These are designed to penalize the employer for wrongdoing and deter similar conduct in the future. While punitive damages are less common, they can be substantial in cases where the employer’s actions are proven to be intentional or malicious.
• Legal Fees and Costs: In some cases, if you win your case, your employer may be required to cover your legal expenses, including attorney fees, court costs, and other expenses associated with pursuing your claim.

These forms of compensation can collectively provide the financial, medical, and emotional support you need to recover from wrongful termination or retaliation. For a clearer understanding of the compensation you might be entitled to, consider consulting with our skilled attorney team who will assess your unique case and advocate for your maximum recovery.

When to hire an employment lawyer

Hiring an experienced employment lawyer at Flood Law can be necessary for working through the specifics of workplace issues, especially after an injury. Here are specific situations where having legal support is essential:

• If You Suspect Retaliation or Wrongful Termination: If you believe your employer fired or penalized you after your work-related injury, consult an attorney on our team. Retaliation and wrongful termination claims are tough, and we can help gather evidence, build your case, and represent you effectively.
• If Your Employer Denies Your Workers’ Compensation Claim: If your workers’ compensation claim has been denied, we can review your case and advocate for the benefits you deserve. Workers’ comp claims are often rejected for technical reasons, and legal expertise can make the difference in overturning a denial.
• If Your Employer Tries to Discredit Your Injury: Some employers may attempt to argue that the victim’s injury is exaggerated or did not happen at work. If this is the case, one of our lawyers can help provide the necessary evidence and documentation to prove the legitimacy of your claim.
• If You’re Offered a Severance Package or Settlement: If your employer presents a severance package or settlement, it’s essential to consult with us before agreeing. We can review the terms, advise if the offer is fair, and negotiate on your behalf to secure the best possible outcome.

How we will help you

At Flood Law, we specialize in supporting employees who have experienced workplace injuries and wrongful termination. With expertise in workers’ compensation and employment law, our firm is well-equipped to handle complicated claims, employer retaliation, and wrongful discharge cases.

Here’s how our team will assist:

• Filing Claims and Securing Benefits: We help you file your workers’ compensation claim promptly and accurately, ensuring all necessary documentation is in order. If your claim has been wrongfully denied, we fight to help you receive the benefits you deserve under Maryland law.
• Gathering Essential Evidence: Our attorneys work to collect strong evidence that supports your claim, whether for injured worker compensation or wrongful termination due to your injury. This may include medical records, witness statements, and employment documentation, all required to prove your case.
• Pursuing Fair Compensation: Flood Law is committed to securing the maximum compensation for our clients. We’ll negotiate with the insurance company or employer for a fair settlement and, if needed, pursue compensation through litigation. This can include lost wages, medical expenses, and any pain and suffering you’ve endured.
• Personalized Consultation and Legal Guidance: With a clear understanding of Maryland’s employment laws, our team offers personalized guidance at every step. We’re here to address your concerns, protect your rights, and help you overcome any challenges as you return to work or transition after your injury.

If you’re an injured employee facing retaliation or wrongful termination, Flood Law will provide the support you need to move forward confidently.

If you were hurt at work and fired in Maryland, you could still have rights to compensation. Contact our Washington DC employment lawyer today to learn more and get the legal guidance!

Speak to an employment attorney today!

Don’t wait to seek expert legal guidance if you believe you were wrongfully terminated or retaliated after a workplace injury. Our experienced employment attorneys at Flood Law are here to evaluate your case, provide clear guidance on your rights, and help you pursue the compensation you deserve.

Call us today at (240) 403-2619 to schedule a confidential consultation and take the first step toward protecting your rights and securing justice.