Retaliation for Filing Workers' Comp in Maryland
Whether an employer in Maryland can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not fire a covered employee solely because the employee filed a workers' compensation claim. Violating this is a misdemeanor punishable by a fine of up to $500, up to 1 year in jail, or both. Md. Code, Lab. & Empl. § 9-1105
| Retaliation for filing | An employer may not fire a covered employee solely because the employee filed a workers' compensation claim. Violating this is a misdemeanor punishable by a fine of up to $500, up to 1 year in jail, or both. Source: Md. Code, Lab. & Empl. § 9-1105 |
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| Appealing a denial | Contested claims are decided by a Commissioner after a hearing. Within 15 days after a decision, a party may ask the Commission for a rehearing, but only on grounds of legal error or newly discovered evidence. Any aggrieved party may appeal a Commission decision to the circuit court by filing a petition for judicial review within 30 days after the date the Commission mailed its order, and must mail copies to the Commission and every other party. If a rehearing motion was filed, the 30 days start from the mailing of the Commission's ruling on it. |
Where to get help in Maryland
More Maryland workers' compensation
- Filing a Workers' Comp Claim in Maryland
- How Much Workers' Comp Pays in Maryland
- Workers' Comp Settlements in Maryland
- Suing Over a Work Injury in Maryland
- Appealing a Denied Workers' Comp Claim in Maryland
- All Maryland workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Maryland?
An employer may not fire a covered employee solely because the employee filed a workers' compensation claim. Violating this is a misdemeanor punishable by a fine of up to $500, up to 1 year in jail, or both.
How do you appeal a denied workers' comp claim in Maryland?
Contested claims are decided by a Commissioner after a hearing. Within 15 days after a decision, a party may ask the Commission for a rehearing, but only on grounds of legal error or newly discovered evidence. Any aggrieved party may appeal a Commission decision to the circuit court by filing a petition for judicial review within 30 days after the date the Commission mailed its order, and must mail copies to the Commission and every other party. If a rehearing motion was filed, the 30 days start from the mailing of the Commission's ruling on it.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.