Legal Question in Workers Comp in Maryland

Returning to my job when released from workman's comp

I was injured on the job 5/07 and have been on workman's comp and my fmla was exhausted 8/07. I have surgery pending in one month along with physical therapy before being released to return to work. It has been my understanding that workman's comp does not insure your job for you, that fmla does, but I have been told that in MD, it is the law that my employer 'must' reinstate me to my position once released from workman's comp. Is this fact or was I correct to begin with that only fmla protected my job?


Asked on 9/09/07, 6:27 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Returning to my job when released from workman's comp

Under the MD workers' comp law, the employer can replace you for business reasons but not in retaliation for your having filed a workers comp claim.

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Answered on 9/11/07, 12:17 pm


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