Can I Be Terminated While I Am Out On Workers Compensation?
Can I Be Fired While I Am Out On Workers Compensation in Baltimore Md in 2025? A rather urgent question frequently posed by injured workers arises after they receive a termination letter from their employer. The answer depends on a variety of factors discussed in this article.
Can I Be Fired After Being Hurt at Work in Baltimore, MD?
This situation involves an individual who has been hurt at work, then off work for a period of time, and finally unable to return to work in their old position until some indefinite time in the future. During this process, while receiving medical treatment and recuperating, while receiving workers compensation benefits, the injured worker receives a letter, or a phone call, or an email from their employer telling them their position is being filled by someone else. Most injured workers in this situation are shocked. The specific question they pose is: “Can my employer do it”? Can I Be Terminated While I Am Out On Workers Compensation? Unfortunately, and to the surprise of many, the answer is generally “Yes”.
Workplace injuries happen every day in Baltimore, and employees often assume that their job is protected while they recover. Unfortunately, Maryland is an at-will employment state, meaning employers can terminate workers for almost any reason—except generally in cases where state or federal laws, union protections, or employment contracts prohibit it. This leaves many injured employees wondering: Can I Be Terminated While I Am Out On Workers Compensation? The short answer? Yes, but generally only under certain conditions.
Does My Job Have to Hold My Position After I’m Hurt at Work in Baltimore, MD?
Most people have an innate sense that it’s unfair to take advantage of someone who has been injured, or who is operating under a disability. Most people have an innate idea that you should not have to pay for work not being done, or hope that it would be unfair to place someone else’s business and livelihood on hole, or prevent them from filing a business need like labor. Your employer does not have to hold your position open for you indefinitely if you are out on workers’ compensation.
Can I Be Fired After Being Hurt at Work in Baltimore, MD?
Workplace injuries happen every day in Baltimore, and employees often assume that their job is protected while they recover. Unfortunately, Maryland is an at-will employment state, meaning employers can terminate workers for almost any reason—except generally in cases where state or federal laws, union protections, or employment contracts prohibit it. This leaves many injured employees wondering: Can I be fired after being hurt at work? The short answer? Yes, but only under certain conditions.
Potential Reasons an Employer Could Fire an Injured Employee in Baltimore
If you’ve been hurt on the job, your employer cannot legally fire you simply because you filed a workers’ compensation claim. Indeed, doing so would be retaliatory termination, which is illegal. However, there are still several reasons an employer could terminate an injured Baltimore worker. The lawfulness of the termination will depend on the specific facts.
The Employee Can No Longer Perform Essential Job Duties
If your injury prevents you from completing essential job functions, and you cannot return to your employment, your employer may have grounds to terminate your employment—and fill your position with someone that can. This is sometimes “shocking” to injured Baltimore workers.
Company-Wide Layoffs or Baltimore-based Downsizing
If your employer could prove they were planning layoffs before your injury, or if the company needs to cut costs and reduce staff, you may be let go as part of a broader business decision. In this case, termination would may be legal as long as it is not directly related to your injury.
Violation of Workplace Policies
Employees are expected to follow company policies—before and after an injury. If you violate workplace rules (such as failing a drug test, misconduct, or repeated tardiness), your employer can fire you, even if you’re receiving workers’ compensation benefits. It comes as little surprise to long time Baltimore workers’ compensation lawyers that little “transgressions” overlooked before are now met with discipline and writeups.
Refusal to Return to Work After Clearance
If your doctor clears you to return to work with or without restrictions, your employer expects you to comply. This is sometimes “shocking” to injured Baltimore workers.
Refusing to return—even if you feel you need more time to recover—could lead to termination. If you believe you’re still injured, you’ll need a solid medical opinion and legal action will be necessary.
Indeed, most people are probably aware of federal legislation that prohibits discrimination against individuals with disabilities in the job market in certain situations. Certainly, Maryland substantive law prohibits the termination of an individual simply because they have workers’ compensation case. However, there are competing interests. The law also recognizes that employers have a business to run, and cannot hold a person’s position open indefinitely, if that person is unable to do the job. A different piece of federal legislation provides that an individual has 90 days in any calendar year to tend personal or family medical issues. The common scenario I Attorney Eric T. Kirk see is one in which an individual is seriously hurt at work, and unable to return. The employer holds the job open for 90 days, and then terminates that injured worker if they don’t have a release to return to work. It surprises many but this conduct is perfectly legal in most applications. Now, if the injured worker has a written contract of employment or is the member of a trade union that has collectively bargained different protections, then the general rule may not apply. Certain government workers may also have additional protections. But these are comparatively rare situations. The injured worker who has lost their job because they are unable to return to work has other remedies through the workers’ compensation system. If the individual is unable to return to work at all, they may qualify for permanent and total disability. If they are ultimately able to return to work, but in a different capacity or a lesser capacity from that in which they were previously employed, they might be eligible for retraining.
I’ve handled hundreds of contested workers compensation cases throughout the years. If you have been hurt at work, or have questions about the benefits to which you might be entitled, or, have benefits due to you that are being wrongfully withheld, I would urge you to contact me today. I utilize an initial case analysis evaluation process and strategy conference for all injured workers, and I extend this process free of charge.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial, winning millions over a 30-year mission to obtain fair and just compensation, which has been unfairly and unjustly denied to his clients.
