Legal Question in Workers Comp in Maryland
Employee termiated while on w/c do to gross negligence.
My brother has a small business. One of his workers was hurt on the job and is out on Workman Comp. disability. He worked for him a short time before he was injured. Soon after he was injured it came to light that he was not qualifed to do the job he claimed, which resulted in costs to the company in repairing his mistakes (he was a service repairman)and some very unhappy long term customers. Does he have the right to terminate him under those circumstances?
2 Answers from Attorneys
Re: Employee termiated while on w/c do to gross negligence.
In order to deny worker's compensation benefits, it must be proven that the "willful intention" of the employee caused the injury. Gross negligence is not sufficient and insufficient qualifcation to perform the job is generally not enough. While the employee could be terminated for insufficient qualification to do the job, that will not cut off the obligation to pay worker's compensation benefits for the injury already sustained.
Re: Employee termiated while on w/c do to gross negligence.
The employer has a right to terminate the employee where a basis exists for non-performance. Also take note that Maryland is an "at-will" state for employment law. This does not obviate the workman compensation claim.
Preservation of a job may be required unless there is an agreement to the contrary. What constitutes an agreement varies and you should discuss this matter with an attorney.
The important matter is to ensure that the workman compensation claim is adjudicated favorably.
Joe Holthaus
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