Common Challenges In Maryland Workers’ Compensation Claims for Occupational Illnesses

Unlike sudden workplace injuries, occupational illnesses or diseases can take years to manifest. This creates significant challenges for workers when it comes to getting workers’ compensation benefits in Maryland.

Cases involving occupational illnesses can be difficult to prove and can easily end up denied. If you or a loved one suffers an occupational illness, be aware of your rights and obstacles you may face. Our Maryland workers’ compensation attorney explains common types of occupational illnesses and how to get the benefits you deserve.

Proving That an Occupational Illness Happened on The Job

Under the Maryland Labor and Employment Code, workers can be entitled to compensation for occupational diseases, provided they can prove that the illness resulted directly from workplace conditions. However, employers and insurers typically challenge these types of claims, arguing that:

• The illness resulted from pre-existing conditions not related to employment or lifestyle factors, such as smoking or poor diet;
• Symptoms developed after employment ended, calling into question whether they occurred due to hazards on the job;
• The employee was exposed to hazardous substances or conditions outside of work, which makes determining liability more challenging.

To strengthen your claim, get regular medical care, report any new symptoms, get statements from your doctor affirming your condition, and keep copies of all medical records. All of this serves as important evidence when filing a workers’ compensation claim for occupational illnesses in Maryland.

Common Occupational Illnesses and Barriers to Compensation

Many occupational illnesses qualify for workers’ compensation in Maryland, but proving eligibility can be complex. The National Institute for Occupational Safety and Health (NIOSH) reports that among the most commonly reported work-related illnesses include:

• Hearing loss caused by exposure to loud machinery or industrial noise;
• Respiratory diseases, such as asbestosis, silicosis, and COPD, are often caused by exposure to dust, fumes, or chemicals;
• Musculoskeletal disorders due to repetitive stress and strain;
• Heart attack and hypertension due to high stress and other unhealthy factors in the work environment;
• Toxic exposure illnesses, such as cancer or neurological disorders.

Delayed diagnosis often poses a challenge when seeking workers’ compensation benefits for occupational illnesses in Maryland. Many of these illnesses have symptoms that do not appear until years after exposure. This often complicates filing within Maryland’s statute of limitations, which requires claims to be submitted within two years of the date of disablement or when the worker knew the condition was work-related

Schedule A Consultation Today With Our Experienced Maryland Workers’ Compensation Attorney

Getting workers’ compensation benefits in Maryland for an occupational illness can be difficult, but you don’t have to navigate the claims process alone. If your condition was caused by hazardous conditions on the job, you may be entitled to benefits for medical treatment, lost wages, and disability.

Berman | Sobin | Gross LLP fights for the rights of workers throughout the state. We take the legal actions needed to protect your rights in a claim and help you get the maximum benefits you are entitled to. Call or contact our office online. Schedule a consultation today with our experienced Maryland workers’ compensation attorney.

Sources:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-201

cdc.gov/niosh/topics/default.html

wcc.state.md.us/gen_info/wcc_benefits.html