Cohen, Snyder, Eisenberg & Katzenberg, P.A. - Maryland Personal Injury Lawyers

Workers' comp and employer retaliation: employees can fight back

It's better, ultimately, to face your fears. Perhaps you've been injured at work but are reluctant to pursue a workers' compensation claim because you fear your employer may hold it against you. If you are facing that situation, keep in mind that the employer is not legally allowed to do that.

To be sure, sometimes employers violate the law and fire employees for exercising the right to obtain workers' compensation after an injury or illness suffered on the job. Keep in mind, however, that if that happens, an employee can fight back not only with a workers' comp claim, but with other legal actions as well.

Maryland workers can therefore take heart from a current case in Washington State. The case involves employees asserting their rights despite egregious employer misconduct.

Nine employees of a gun range became ill from lead poisoning after their employer made them sift through tons of soil contaminated with lead and other toxic substances. When the employees filed workers' compensation claims and reported safety concerns to government regulators, the employer fired them.

If the gun range owner thought the firings would end the matter, he was greatly mistaken. The employees have brought a lawsuit arguing that they were fired for retaliation for filing valid workers' compensation claims and brining legitimate concerns about safety to appropriate government authorities. The damages they are seeking go well beyond workers' compensation to include damages for retaliatory discharge under relevant labor laws.

According to the employees, the employer did not only expose them to toxic chemicals without proper training or protective gear. The employers also committed glaring falsehoods by claiming that public agencies such as OSHA had approved the lead remediation project at the gun range. No such approval had actually been given.

Source: "Fired for Getting Lead Poisoning, Nine Say," Courthouse News, June Williams, 2-14-13

No Comments

Leave a comment
Comment Information
  • AMERICAN ASSOCIATION for JUSTICE
  • AABA
  • MARYLAND ASSOCIATION FOR JUSTICE
  • BAR ASSOCIATION OF BALTIMORE CITY | 1880
  • MSBA | MARYLAND STATE BAR ASSOCIATION
  • MARYLAND CRIMINAL DEFENSE ATTORNEYS ASSOCIATION
Email Us For A Response

How can we help you?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cohen, Snyder, Eisenberg & Katzenberg, P.A. - Maryland Personal Injury Lawyers

Cohen, Snyder, Eisenberg & Katzenberg, P.A.

347 N Charles St
Baltimore, MD 21201

Phone: 443-529-0795
Baltimore Law Office Map

153 W Patrick St
Suite A
Frederick, MD 21701

Phone: 443-529-0795
Frederick Law Office Map

112 W Pennsylvania Ave
Suite 302
Bel Air, MD 21014

Phone: 443-529-0795
Bel Air Law Office Map

7420 Baltimore Annapolis Blvd
Suite 2
Glen Burnie, MD 21061

Phone: 443-529-0795
Glen Burnie Law Office Map

1760 Eastern Blvd
Essex, MD 21221

Phone: 443-529-0795
Essex Law Office Map

1 Olympic Place
Suite 900
Towson, MD 21204

Phone: 443-529-0795
Map & Directions
Towson Office Map