Maryland Workers Comp Lawyers: Protection From Retaliation for a Workers Comp Claim

If a worker is injured on the job, the worker can file a workers’ compensation claim to make sure to be paid for lost time and medical expenses. Sometimes workers do not seek the compensation to which they are entitled because they fear their employer will retaliate against them for filing a claim by firing them.

What many workers do not know is that Maryland law protects them from retaliation by their employer if they file a workers’ compensation claim. And a potential change in the law reported in a recent article by may protect workers even more.

Under the current law, an employer cannot fire an employee who files a workers’ compensation claim. However, to receive protection under the law, the worker must show that filing the claim is the sole reason for being fired. It is often very difficult to prove that the filing was the only reason for termination.

But the law may be changing. A legislative panel in Maryland recently considered a new law that would prevent an employer from retaliating against its employees in any way after filing a workers’ compensation claim. Many business owners worry that this new law would make the definition of retaliation too broad. They believe workers who are assigned different duties when they are physically unable to perform their old jobs may claim retaliation.

Stay tuned to see how this law progresses through the Maryland legislature. And if you or a loved one has been injured on the job, contact a Maryland workers comp lawyer at LeViness, Tolzman & Hamilton, P.A. immediately to get legal advice on filing a claim and getting the compensation you deserve.