Getting hurt on the job can change your life in ways you didn’t expect. Between medical treatment, recovery, and growing bills, the last thing you should have to worry about is your job. Many injured workers are left wondering what happens if they get fired while on workers’ comp in Maryland.
Losing your job while receiving workers’ compensation benefits can add stress to an already difficult time. Still, you may have important rights and legal protections. At The Law Offices of Alex Poberesky, P.A., we have helped many injured workers who were fired after a work-related injury understand their options and continue receiving the benefits they deserve under Maryland law.
Understanding Workers’ Compensation and Your Rights
Workers’ compensation provides protection to employees injured at work. It covers medical treatment, lost wages, and rehabilitation for those receiving workers compensation benefits.
If you were hurt on the job, you may qualify for workers’ compensation benefits in Maryland, depending on how and where the injury occurred. These laws exist to protect employees from financial hardship while they recover from workplace injuries. Maryland requires most employers to carry workers’ compensation insurance to cover these costs.
The goal of these benefits is to stick around until you get better. Due to this, there is a chance that being fired does not automatically end your benefits. Workers’ compensation continues as long as your work injury prevents you from returning to work.
Can an Employer Fire You While You’re on Workers’ Comp?
The short answer is yes if it is for legitimate business reasons, such as a layoff, company closure, or poor performance. But your employer cannot fire you for filing a workers’ compensation claim or receiving workers’ compensation benefits. That kind of retaliation for filing a workers’ compensation claim is illegal in Maryland and thus not suitable grounds for your employer to fire you.
The Maryland Workers’ Compensation Act protects employees receiving workers’ comp from wrongful termination. If your employer fires you for asserting your right to compensation, you may have a separate claim for retaliation or wrongful termination.
If you suspect that your employer fired you because of your work injury or comp claim, speak with a workers’ compensation attorney immediately to protect your rights and discuss your situation.
What Happens If I Get Fired While on Workers’ Compensation?
If you get fired while on workers’ comp, don’t panic. Your benefits don’t automatically stop. You can continue to receive medical care, wage replacement, and rehabilitation if your doctor says you’re unable to work due to your injury or illness. The type and extent of medical care you receive can also influence compensation, which is why understanding how medical treatment affects workers’ comp settlements is important.
Under Maryland’s workers’ compensation laws, your employer’s obligation to pay benefits continues, even if your job was terminated. That means you can still receive compensation payments through the insurance company.
If your employer or their insurance carrier cuts off your benefits after termination, contact a comp attorney right away. You may still be entitled to workers’ compensation benefits even after being fired.
Understanding Legal and Illegal Ways for your Boss to Terminate you After a Work Injury
An employer may fire employees for legitimate reasons unrelated to the injury claim. Examples include:
- Company layoffs or restructuring
- Poor performance unrelated to your work injury
- Violating company policies
- Fraud or misconduct
But an employer cannot fire an employee simply because they filed a workers’ compensation claim or are receiving workers’ comp benefits. That would qualify as retaliation under Maryland law.
If you believe you were fired after a work injury for an unfair reason, you may be able to file a claim for wrongful termination. A workers’ compensation lawyer can help you prove your employer’s actions violated your rights as an injured worker.
Fired While on Workers Comp? What to Expect Next
If you were fired while on workers’ compensation, you may still:
- Continue receiving benefits if you’re unable to work
- Have your medical treatment covered
- Receive lost wages or partial disability payments
- Qualify for vocational rehabilitation if you can’t return to your old job
Even though your employer terminated your employment, the insurance company must keep paying benefits if your work injury prevents you from working in general.
If you are able to return to work but your employer refuses to rehire you, your workers’ compensation attorney can help you explore your options, including potential job retraining or a lump-sum settlement. If your injury prevents you from returning to work long-term, understanding the workers’ comp settlement process in Maryland can help you plan financially and avoid delays.
Employer Retaliation and Your Legal Protections
Employers cannot give back at employees for filing workers’ compensation claims. This includes firing, demoting, cutting hours, or harassing an employee because they were injured on the job or filed a claim.
If your employer fired you for these reasons, that’s illegal. You can file a retaliation claim with the Maryland Workers’ Compensation Commission or pursue a lawsuit for being wrongfully fired. Successful retaliation claims may lead to:
- Reinstatement to your job
- Back pay for wages that were lost
- Compensation for emotional distress
- Attorney’s fees and costs
Our law firm has helped many injured workers in these situations recover fair settlements after being unfairly fired while on workers’ comp.
Getting Fired While Receiving Workers Comp: What You Should Do
The key to this situation is to take action quickly. Here’s how to make sure that your rights are protected:
- Contact a workers’ compensation lawyer right away.
- Keep all records like emails, letters, and medical reports related to you being fired.
- Continue your medical treatment and follow your doctor’s instructions. It’s also critical to understand what to avoid saying to your workers’ comp doctor, as careless statements can negatively affect your benefits.
- Avoid signing any documents from your employer or the insurance company without legal advice.
- Stay informed about your benefits and notify your lawyer of any payment changes.
Acting fast helps you ensure your rights, maintain your workers’ compensation benefits, and build a stronger claim if your firing was illegal.
Can You Return to Work After Termination?
If your condition improves and your doctor clears you to come back to work, you can do so even after your employer has terminated your job. Some injured workers find new employment, while others may qualify for vocational training through Maryland’s workers’ comp system.
If you’re unable to come back to work due to your injury, your workers’ compensation benefits continue until your doctor confirms that you’ve reached maximum medical improvement.
Our law firm often helps clients secure continued payments and negotiate settlements that reflect their long-term needs.
Why You Need a Workers’ Compensation Attorney
A qualified workers’ compensation attorney protects your benefits and your job rights when you’ve been fired or laid off during recovery. At The Law Offices of Alex Poberesky, P.A., we help victims understand their rights and seek for them to be given what they deserve. When you work with us, we help you:
- File a workers’ compensation claim correctly
- Challenge unfair termination or retaliation
- Negotiate fair compensation payments
- Handle the insurance company and hearings before the Maryland Workers’ Compensation Commission
Having an attorney on your side can make the difference between losing benefits and receiving the full amount you’re entitled to.
Frequently Asked Questions About Being Fired While on Workers’ Comp in Maryland
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Can you be fired while on workers’ comp in Maryland?
Yes. Maryland is an at-will employment state, so an employer may terminate employment while you are on workers’ compensation. However, they cannot fire you in retaliation for filing a workers’ comp claim.
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Can a company terminate you while on workers’ comp?
Yes, but only for lawful reasons unrelated to your injury or workers’ compensation claim, such as layoffs or documented misconduct.
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What benefits do you get if you are fired while on workers’ comp?
If your claim is valid, you may continue receiving medical benefits and wage replacement benefits, even after termination.
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How long can you stay on workers’ comp in Maryland?
There is no fixed time limit. Benefits continue as long as you remain eligible and medically unable to work, subject to medical evaluations and Commission rulings.
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Can I get workers’ compensation after being fired?
Yes. Being fired does not automatically end your right to workers’ compensation benefits if your injury is work-related and your claim is approved.
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What is the difference between severance pay and termination pay?
Severance pay is optional and offered by an employer after termination. Termination pay usually includes earned wages, unused leave (if required by policy), and final compensation owed.
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What payment do you get when you are fired?
You are entitled to your final paycheck, including earned wages. Severance pay is not required unless promised by contract or company policy.
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How long does it take to receive workers’ comp payments?
Many injured workers also ask about timing, and knowing how long it takes to receive workers’ comp payments can help set realistic expectations after termination.
Protect Your Rights After a Work Injury
Being injured at work is hard enough. Getting fired while recovering from a work injury can make it worse. But Maryland’s workers’ compensation laws exist to protect employees in exactly this situation.
If you’ve been fired while on workers’ compensation, contact The Law Offices of Alex Poberesky, P.A. today. Our experienced team will review your case, explain your options, and fight to ensure that your rights are protected under Maryland law.
We offer free consultations, and you pay nothing unless we win your case. Let us help you get the benefits you deserve and the peace of mind you need to move forward. Call us now at (410) 484-0400.
