Can My Employer Fire Me for Filing a Workers’ Compensation Claim in Maryland?

August 28, 2026

Key Takeaways

• Maryland law prohibits employers from firing workers for filing a Workers’ Compensation claim.
• Retaliation can also include demotion, reduced hours, or harassment after a claim is filed.
• Proving retaliation often requires evidence connecting the firing to the timing of the claim.
• Workers fired in retaliation may recover lost wages and other damages.

Getting fired for filing a Workers’ Compensation claim in Maryland is illegal under state law. Employers cannot terminate, demote, or otherwise punish an employee for exercising their right to file a claim after a workplace injury. Workers who believe they were fired in retaliation have legal options, including a separate claim against the employer.

Maryland Law on Workers’ Compensation Retaliation

The Maryland Workers’ Compensation Act specifically prohibits employers from discharging or discriminating against an employee for filing a claim, testifying in a proceeding, or exercising other rights under the law. This protection exists because workers should not have to choose between reporting a workplace injury and keeping their job.

Workers’ Compensation retaliation in Maryland is not limited to outright firing. Employers may also retaliate through demotion, reduced hours, unfavorable shift changes, or a sudden increase in scrutiny following a claim. These actions can form the basis of a retaliation claim even if the employee is not formally terminated. Wrongful termination Workers’ Compensation cases in Maryland require the employee to show a connection between the protected activity and the adverse action taken by the employer.

Signs Your Termination May Have Been Retaliatory

Timing is often the first indicator of retaliation. An employee fired shortly after filing a claim, reporting an injury, or returning from medical leave may have grounds for a retaliation claim, particularly when no clear performance issue preceded the termination.

Common warning signs of retaliation include:

• Termination that closely follows a claim, injury report, or return from medical leave
• New performance write-ups that appear inconsistent with the employee’s prior record
• Sudden exclusion from meetings or a noticeable change in treatment after the injury
• Comments suggesting frustration about the cost or inconvenience of the claim
• A termination disguised as a layoff or restructuring that does not match how other employees were treated

Reviewing whether the employer’s stated reason for termination is consistent with company records helps clarify whether the termination followed standard practice or targeted the injured worker.

Can I Be Fired After a Work Injury for a Legitimate Reason?

An employer can still terminate an employee with a pending or approved Workers’ Compensation claim for reasons unrelated to the claim, such as documented poor performance, misconduct, or a legitimate company-wide layoff. The claim itself does not make an employee immune from termination. The distinction lies in whether the employer’s stated reason is genuine or a pretext to cover retaliation. Inconsistent explanations, a lack of prior documentation, or termination timing that closely follows the claim can suggest the stated reason does not reflect what actually happened. Employees uncertain whether a termination was lawful should have their situation reviewed before assuming either outcome.

Pursuing a Retaliation Claim in Maryland

Employees who believe they were fired in retaliation can pursue a separate legal claim against the employer, distinct from the original Workers’ Compensation claim. This may result in compensation for lost wages, reinstatement, or other damages tied to the wrongful termination. Building a strong claim requires documentation, including performance reviews, communications with supervisors, and records related to the original injury and claim.

Frequently Asked Questions

Does Maryland protect part-time employees from Workers’ Compensation retaliation?

Yes. Maryland’s anti-retaliation protections apply to employees generally and are not limited to full-time workers.

What compensation is available in a retaliation claim?

Employees may recover lost wages, and in some cases reinstatement, depending on the facts of the case.

How soon after filing should retaliation be reported to a lawyer?

Employees should speak with a lawyer as soon as retaliation is suspected, since evidence and timelines matter.

Maryland Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Will Fight for Your Rights

The Maryland Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton help employees who were fired or otherwise punished after filing a Workers’ Compensation claim. The firm reviews termination records, claim timelines, and employer communications to determine whether retaliation occurred. For a free consultation, visit our website or call us today at 800-547-4LAW (4529). We have offices in Baltimore and Owings Mills, MD, and we serve clients in the surrounding areas.