Legal Question in Workers Comp in Maryland

Terminated from employment while on workers comp.

While on workers compensation from my employment I received a notice from my employer that I had past my six months of leave and that I would be terminated. Is this legal? At present I am still on workerd comp. under a doctors care.


Asked on 4/13/03, 10:30 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Terminated from employment while on workers comp.

The employer is entitled to replace you if you're unable to return to work, but not in retaliation for filing a worker's compensation claim. The compensation insurance company that is presumably still paying you benefits will have to continue those benefits until you're able to return to work from a physical/medical standpoint, and until you're able to find another job. They'll probably offer to place you or if necessary retrain you so you can find something. If they don't do this, you should immediately seek legal assistance.

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Answered on 4/14/03, 11:52 am


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