Legal Question in Workers Comp in Maryland

termination on WC

I was injured on the job in 2006. I went out on WC on June 12 2007 for back surgury. I had 4 since then. I got a letter from my employer that I was terminated as I have been out for more than 26 weeks. Is this legal? what are my options?

Thanks


Asked on 3/26/08, 9:00 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: termination on WC

It is legal for the employer to terminate you unless you can prove that it did so in retaliation for you filing a comp claim. It can do so based on the need to fill your position for business purposes. However, your comp claim survives the termination, so if you are still receiving benefits, and remain unable to work, they must continue. If you become able to work, you are entitled to vocational rehabilitation (retraining, job placement) at the expense of the comp carrier. Also, at some point your doctor should rate you for permanent disability, which would entitle you to seek a permanent disability award from the comp carrier.

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Answered on 3/26/08, 10:08 am


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