Sustaining an injury while on the job is a stressful experience. Even minor injuries cause inconvenience. And severe injuries can change your life forever. But what happens when your employer tries to blame you or dismiss you from your position after an on-the-job injury? You might find yourself wondering “Can I get fired for getting injured at work?”
The short answer is no, but sometimes it’s not that simple. Here’s what you need to know.
Employers in every state, including Maryland, are required to provide workers’ compensation coverage to their employees. This means that if an injury occurs while on the job, the employee is entitled to certain benefits.
Benefits included in workers’ compensation coverage include medical expenses and temporary disability payments. If an employee files a claim for workers’ compensation benefits, it is illegal for an employer to retaliate against them in any way, including termination.
Is It Ever Acceptable to Terminate an Employer after an Injury?
There may be some circumstances where an employee can be fired after being injured on the job.
For example, employees who are unable to perform their duties due to a temporary disability can be terminated if they have surpassed the time granted by their employer’s leave policies or the Family Medical Leave Act (FMLA).
Additionally, if an employee was terminated due to misconduct that is unrelated to their injury, then their injury is unrelated and does not protect them from being fired.
What Can You Do to Protect Yourself?
To avoid being fired after sustaining an injury at work, employees need to be diligent in reporting their injury immediately after the incident. Make it clear that you were injured on the job. Keep a record of the accident report, medical reports, or any other documents related to the injury.
You can also seek legal advice from experienced workers’ compensation attorney to ensure that you receive the proper benefits and rights.
What Should You Do If You’re Injured on the Job?
Getting injured at work can be an overwhelming experience. While the thought of losing your job due to an injury can add to the stress, it might ease your mind to know that you have certain rights and protections. It’s important to educate yourself on these rights and know how to take action if necessary. Remember to report the injury right away, keep proper documentation, and seek legal counsel if needed. By taking these steps, you can ensure that you receive the benefits and protections you deserve.
If you’d like to speak to someone about injuries you sustained while on the job or you’re ready to schedule a consultation to discuss your case, contact Shugarman & Mehring at (410) 783.4200 or toll-free at (888) 342.7200.