Can I Be Fired for Filing a Workers’ Comp Claim in Maryland?

Can I Be Fired for Filing a Workers' Comp Claim in Maryland?

If you've been hurt on the job in Maryland and you're thinking about filing a workers' comp claim, one worry almost always comes up first: will my employer fire me for this? It's a fair question, and the answer matters more than most people realize.

The short answer: it's illegal, but it still happens

Maryland law prohibits employers from firing, demoting, or otherwise retaliating against an employee for filing a workers' compensation claim in good faith. That protection is real, but "illegal" doesn't mean it never happens, and proving retaliation isn't always straightforward.

What retaliation actually looks like

Retaliation isn't limited to an outright firing. It can also look like:

• A sudden demotion or pay cut shortly after you file
• Being moved to a worse shift or location with no real explanation
• Increased scrutiny or write-ups that start right after your claim
• Being passed over for a promotion you were previously on track for

What your employer CAN legally do

An employer can still make legitimate business decisions that happen to affect you: a real layoff for unrelated reasons, a performance issue that predates your claim, or a position that genuinely can't accommodate your medical restrictions. The key question is usually timing and pattern: did something change specifically because you filed, or would it have happened anyway?

If you think you're being retaliated against

• Document everything. Dates, what was said, who was present, and how it compares to how you were treated before your claim.
• Don't quit first. Leaving voluntarily can complicate a retaliation claim, so let an attorney help you weigh your options before you make that decision.
• Keep your workers' comp claim moving forward separately. Retaliation concerns don't have to stop your original claim from proceeding.
• Talk to a lawyer early. Retaliation claims often have their own separate deadlines and evidence requirements distinct from the underlying workers' comp claim itself.

Frequently Asked Questions

Can my employer fire me while my workers' comp claim is still open?
Not for filing the claim itself, but they can still terminate you for legitimate, unrelated reasons. Whether a specific firing crosses the line often depends on timing and evidence.

What if I was fired for missing work due to my injury, not for filing the claim?
This is a common gray area: attendance-related terminations tied to a workers' comp injury can raise real legal questions and are worth discussing with an attorney rather than assuming either way.

Do I need to prove retaliation to keep my workers' comp benefits?
No, your underlying workers' comp claim and any retaliation claim are generally separate issues.

*This article is general information about Maryland law, not legal advice, and does not create an attorney-client relationship.*

Related Resources

• Workers' Compensation
• Maryland Workers' Compensation
• Contact Portner & Shure

Talk to a Workers’ Compensation Attorney at Portner & Shure

Every case turns on its own facts, and a short conversation is the fastest way to find out where you stand. Call Portner & Shure at (410) 995-1515 for a free consultation, or contact us online. We have offices across Maryland and Virginia and have recovered over $500 million for our clients.