If you were hurt at work and filed a claim, only for your employer to turn around and retaliate against you, how can you proceed? How are you protected from employer retaliation in Maryland?
Maryland protects injured workers from employer retaliation through various federal and state laws. For example, employers cannot fire employees for filing a complaint related to the health and safety of the workplace or for pursuing recovery through a Workers’ Compensation claim. Employer retaliation can take many forms. For example, employers might retaliate by firing workers, demoting them, or reducing their hours. Employers might also retaliate by isolating workers from their peers or ignoring them for promotions. If your employer has threatened you, intimidated you, or retaliated against you in any way since a workplace accident, inform our lawyers so that we can help you document their retaliatory efforts and proceed accordingly.
To get a free case review from our Maryland workplace injury lawyers, call Rice, Murtha & Psoras today at (410) 694-7291.
How Does Maryland Protect Injured Workers from Employer Retaliation?
Injured workers in Maryland are vulnerable to retaliation from disgruntled employers. Fortunately, federal and state laws protect hurt workers from retaliation so that they can pursue recovery without fearing wrongful termination.
According to Md. Code, Lab. & Emp. Art., § 5-604(b), employers cannot fire or discriminate against employees for filing a complaint or claim related to the occupational health and safety of the workplace.
Furthermore, if you filed a Workers’ Compensation claim after an on-the-job accident, and your employer then fired you because you sought recovery, that would be considered employer retaliation, which is prohibited in Maryland under Md. Code, Lab. & Emp. Art., § 9-1105.
In addition to state laws, there are federal laws to protect injured workers from employer retaliation. For example, suppose a workplace accident left you seriously injured. If your employer then fires you because of your injuries, even if you can still perform your workplace duties with reasonable accommodations from your employer, that would violate the Americans with Disabilities Act.
If your employer retaliated against you in any way following a workplace accident or claim, inform our Maryland workplace injury lawyers immediately, as you might be able to pursue further recovery for the discrimination or retaliation you have experienced.
Although state and federal laws protect injured workers from employer retaliation, employers still have the right to terminate employees in certain situations.
How Do Employers Retaliate Against Injured Workers in Maryland?
When workplace accidents happen, and victims file Workers’ Compensation claims, employers’ insurance premiums go up. Although employer retaliation is against the law, that does not stop some bosses from taking advantage of their positions and intimidating or threatening an injured employee.
Not all instances of employer retaliation look the same. For example, giving employees negative performance reviews after an accident might eventually lead to an employee’s firing. This type of retaliation takes place over time. Outright employer retaliation, like demoting or firing an employee immediately after they file a claim, might also happen.
Other times, employers might intentionally intimidate or threaten hurt workers seeking recovery through Workers’ Compensation claims or other avenues. Telling an employee not to file a claim is prohibited in Maryland.
Placing financial constraints on workers by lowering their wages or reducing their shifts is another common form of employer retaliation. Employers might intentionally exclude or isolate injured employees to create uncomfortable or toxic work environments to convince them to drop their claims. We can review your employer’s actions to confirm whether or not they are retaliatory in response to your recent claim.
How to Report Employer Retaliation After a Workplace Injury in Maryland
If, at any point after a workplace injury or during your compensation claim, your employer retaliates against you in any way, document their actions and inform our lawyers. We can help you report workplace retaliation and explain how to proceed.
Record any and all instances of employer retaliation. For example, if your boss or manager sends you any correspondence intimidating or threatening you, keep it. Track all communications. If your employer makes you feel uncomfortable or alludes to possible changes to your job title or salary should you proceed with your claim, inform our attorneys immediately.
The Equal Employment Opportunity Commission (EEOC) enforces federal laws against employee discrimination and employer retaliation. You can file a complaint with the EEOC explaining the discrimination or harassment you have experienced in the workplace.
Will My Employer Retaliate Against Me Following a Workplace Injury in Maryland?
Often, victims don’t expect their employers to become their enemies when pursuing compensation after a workplace accident. Do not ignore retaliatory actions, even if they seem innocuous, as they might escalate quickly.
Employer retaliation is a widespread issue, illustrated by the fact that the EEOC having received 37,898 retaliation-based discrimination claims in 2022. Furthermore, retaliation-based charges made up 51.6% of all discrimination claims the EEOC received in 2022.
While many employers do not interfere in work injury claims or make retaliatory efforts against employees, some do. Even minor threats might be indicative of future efforts.
For example, an employer might try to exploit the personal friendship they have with an employee to convince them not to pursue compensation or drop a claim. Employers might interfere in Workers’ Compensation claims in other ways, such as by delaying reporting an injury to their insurer or intentionally being non-communicative during the claims process.
To avoid making yourself vulnerable to employer retaliation as much as possible, refrain from discussing the incident at length with your employer. Do not discuss your injuries or how your claim is progressing. If you make contradicting statements, your employer might pass that information along to their insurer, possibly complicating your recovery.
Call Our Maryland Workplace Accident and Injury Lawyers Now
Call Rice, Murtha & Psoras at (410) 694-7291 to have our Maryland workplace injury lawyers assess your case for free.