Can You Be Terminated While on Workers’ Compensation?
Are you afraid of your boss? A study conducted at New York University found that 83% of respondents felt too intimidated by their boss to raise any type of concern. That fear is grounded in the notion that you could lose your job if you cause “trouble” at work. Unfortunately, that fear often prevents an employee from reporting an injury and putting in for a workers’ compensation claim. Can you be terminated while on workers’ compensation in Maryland?
The short answer is “no.” You cannot be fired in retaliation for filing a workers’ compensation claim. However, other conditions about benefits and labor law can impact your claim and your job.
At-Will State
Maryland is an at-will state. The Maryland Division of Labor and Industry defines at-will as the following: “In the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason — whether fair or not — or for no reason at all; based on non-discrimination.”
The one exception is being fired directly because you file a workers’ compensation claim. However, there are some scenarios where your employer could find a loophole. For example, if your injury prevents you from returning to work, you could be fired because you can’t fulfill your duties. You could also be fired for performance-related issues that occurred before the accident, even if they weren’t an issue at the time.
Three Types of Workers’ Compensation Claims
Workers’ compensation is a kind of insurance policy that helps employees recover losses resulting from a workplace injury. You need to be aware of three types of workers’ compensation claims.
Medical Care
Medical care is one of the most common types of workers’ compensation claims. Typically, this claim involves minor injuries that do not prevent a worker from performing their workplace duties without taking any time off. The benefits could pay off any related medical bills or be in a lump sum settlement.
Medical Care with Time Off Work
This type of claim is for more serious injuries that require time off from work to fully recover. It is also the kind of injury that can generate lost wages. The benefits will cover all the medical bills but only around two-thirds of the employee’s weekly pay. The hope is that after the recovery, the employee will be able to return to work and pick up where they left off before the accident.
Medical Care with Lifelong Disability
The most severe type of workers’ compensation claim is for medical care with lifelong disability. This occurs in an accident that leaves the worker incapable of returning to the job. A permanent disability could also mean loss of potential earnings. That could all be covered by the benefits.
Receiving Benefits After Termination
Once the employer’s insurance company has been ordered to pay on a workers’ compensation claim, those benefits are “locked in.” In other words, they have to be paid entirely whether the employee is still working for the company or not. If you get injured on the job and terminated before you file a claim, you would still be eligible to pursue a remedy through the workers’ compensation process.
Getting Help to File
A workers’ compensation insurance company operates like any insurance carrier. They will balk at paying any claim. That is why you must discuss the incident with Belsky & Horowitz, LLC. We have helped many clients navigate the workers’ compensation insurance filing process with many successful outcomes. Call to discuss your situation today.
