If you've been injured at work in Baltimore, Maryland, you may be eligible for workers' compensation benefits. The team at Blank Kim Injury Law in Baltimore, MD is ready to assist you in navigating the claims process and securing the medical care and financial compensation you deserve. Our Workers' compensation lawyer Baltimore, MD offer a free consultation and work on a contingency fee basis, meaning you won't owe anything unless we win your case. Let us handle your workers' compensation claim so you can concentrate on your recovery.
Blank Kim Injury Law
Workers' compensation lawyer Baltimore, MD
2005 Eastern Ave 1st Floor
Baltimore, MD 21231
(443) 545-3696
Can I sue my employer instead of filing for workers' compensation?
In most cases, you cannot sue your employer instead of filing for workers' compensation. Maryland’s workers' compensation laws are designed to provide employees with medical benefits and wage replacement without the need to prove fault. In exchange, employers are generally protected from lawsuits related to workplace injuries. However, there are some exceptions where legal action against your employer may be possible.
If your employer intentionally caused your injury or engaged in gross negligence, you may have grounds for a lawsuit. Additionally, if your employer does not carry the required workers' compensation insurance, you may be able to sue for damages. If a third party, such as a contractor, equipment manufacturer, or another negligent party, contributed to your injury, you may also have the right to file a separate personal injury claim for additional compensation. At Blank Kim Injury Law, we can evaluate your case to determine the best course of action.
Can I get workers' compensation if I have a pre-existing condition?
Yes, you can still receive workers' compensation if you have a pre-existing condition, but it depends on whether your job aggravated or worsened your condition. In Maryland, workers' compensation covers injuries and illnesses that are directly caused or significantly aggravated by your work duties. If your pre-existing condition, such as a back injury or arthritis, was stable but worsened due to your job responsibilities, you may be eligible for benefits.
Insurance companies often try to deny claims by arguing that your injury was not work-related. However, you do not need to have been in perfect health before your workplace injury to qualify for compensation. You will need medical evidence showing that your job contributed to the worsening of your condition. At Blank Kim Injury Law, we understand the challenges of proving these claims and will fight to ensure you receive the benefits you deserve. If your claim is denied due to a pre-existing condition, we can help you appeal.
Can I be fired for filing a workers' compensation claim?
No, your employer cannot legally fire you for filing a workers' compensation claim. Under Maryland law, it is illegal for an employer to retaliate against an employee for exercising their right to seek workers' compensation benefits after a workplace injury. This means you cannot be terminated, demoted, harassed, or otherwise discriminated against simply because you filed a claim. However, while your employer cannot fire you in retaliation, they may still terminate your employment for other legitimate reasons, such as company downsizing or poor performance unrelated to your injury.
Additionally, if your injury prevents you from performing your job duties and there are no reasonable accommodations available, your employer may have the right to let you go. If you believe you were wrongfully terminated due to filing a workers' compensation claim, you may have grounds for legal action. At Blank Kim Injury Law, we can help you understand your rights and take action if your employer has violated them. If you are facing retaliation after filing a claim, contact us for a free consultation. Our experienced attorneys will fight to protect your rights and ensure you receive the compensation and job protection you deserve.