Maryland Worker's Compensation - Help For Injured Maryland Workers

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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Fired While on Worker's Comp

    I just got a letter in the mail yesterday stating that I was terminated from my job because I've been out for a year under worker's comp. I haven't been released from my doctor yet, will my wkly benefits stop?? I don't even see my doctor for a check until mid January, if my doctor releases me will my benefits stop then. I've gotten a lawyer several months ago and I wasn't able to get ahold of him yet, so I'm really stressin about this. Oh, I forgot to say I was misdiagnos initially. I had a torn ligament in my foot, my jobs doctor said I had a fracture at first. It took them 5 months to realize that I had a torn ligament. Am I still entitle to my benefits and do I still get a settlemnet?? Please can someone enlighten me on any knowledge about this. I am in Maryland.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Fired While on Worker's Comp

    You can find information on WC benefits in MD here...http://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html

    WC laws generally prohibit your ER from termininating you due to a claim for benefits under their WC plan...or due to a disability or perceived disability.

    That being said however, your ER is not required to keep you job open for you, or develope a new job for your RTW...and WC does not provide job security. A business decision to replace you is perfectly legit, and done everyday.

    Your entitlement to benefits is not dependant on your employment. Once your claim has been accepted as compensable by the ER/IC, you benefits continue until you are released to RTW by your treating physican.

    At that point, your ER will be required to engage in the interactive process to determine IF they can acommodate any job restrictions you may have due to your injury.
    And if they can make any 'reasonable acommodation' that may be necessary.
    The may be required to show a financial hardship if they claim that can't do this.

    You can find information on EEOC/ADA rules here...http://legalcatch.wordpress.com/2008...d-individuals/, and here..http://www.eeoc.gov/policy/docs/workcomp.html

  3. #3
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Fired While on Worker's Comp

    I was also fired because i was out over a year on WC. But i think i read some wheres that in Maryland they can fire you for any reason. They sent me a letter saying that after talking with the doctors that i would not be abled to do my job and would not be abled to return to full employment and the doctors said i was not going to get any better.

    We are just a case number the WCC system does not care about us.

  4. #4
    Join Date
    Jan 2008
    Location
    New Oxford, Pa. USA
    Posts
    430

    Default Re: Fired While on Worker's Comp

    Mikejay,

    Unfortunately alot of states are doing this now, when they try and reform the system they tend to reform it in the employers best intrest. I'm one of ya's in Pa. they do not have to give your job back, most times they just ask you to resign when you try and settle your case or they bring you back and just lay you off. Messed up system isn't it?

    Nipper

  5. #5
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Fired While on Worker's Comp

    You know it. Its a shame that this goes on. But until someone stands up and does something about it, It will not stop.

  6. #6
    Join Date
    Jan 2008
    Location
    New Oxford, Pa. USA
    Posts
    430

    Default Re: Fired While on Worker's Comp

    MikeJay,

    Why don't you join us, we have a little group trying to get a national law through congress all it takes is sending letters to congress for your state and reps., senate. We already have the form it's on the reform and advocacy forum in this website, we need all the people out their to finally stand up and say no more and we need change!

    Thank about it and at least just read the link and also the banter link.

    Just another screwed injured worker.

    Nipper

  7. #7
    Join Date
    Feb 2009
    Location
    I live in Maryland
    Posts
    3

    Post Re: Fired While on Worker's Comp

    I know how you all are feeling. I too was laid off. I was hurt in Sept. of '08. Then I went back to work in Nov. and then put back off the first of january due to a relapse according to the Dr. Then my company informed me that when the Dr released me, I don't have a job. MD law does not protect employees from being terminated. My lawyer said that unless I can prove that they fired me because of my injury, there is nothing I can do. But my company did say that I was laid off, and I can collect unemployment. I started collecting unemployment, and I'm now off, collecting TTD instead of unemployment benefits. I wish I could prove that I've been terminated cause of my injury. My employer wanted me to sign a paper when they told me that. I told them I wanted my lawyer to look over it, then they said nevermind. I would love to know what was in that paper.

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