Pursuing Workers’ Compensation Occupational Disease Cases
Last updated on April 1, 2026
Occupational diseases are conditions that are caused by exposure over time at the workplace. These exposures may be repetitive tasks leading to occupational injuries; chemicals or toxins leading to cancer and other illnesses; or uniquely stressful conditions leading to hypertension, heart disease or post-traumatic stress disorder. Occupational disease claims can be among the most medically complex claims in workers’ compensation.
At Darby Law Group, LLC in Hunt Valley, our team has developed a keen understanding of the medical literature and issues in every type of occupational disease claim. We have taken many claims to the Maryland appellate courts to establish the right to compensation for Maryland employees. Attorney Matthew P. Darby has the experience and compassion to help injured workers get the benefits they need.
Dangerous Occupations For Public Safety Employees
With the hazardous nature of first responders’ occupations, serious or fatal occupational diseases are not uncommon and may include:
- Hearing loss and tinnitus
- Cumulative trauma orthopedic cases (knees, shoulder, spine)
- Cancers (lung, prostate, colorectal, brain, breast, testicular, multiple myeloma, throat, non-Hodgkin’s lymphoma, leukemia)
- Heart diseases and conditions (hypertension and lung disease)
- Post-traumatic stress disorder (PTSD)
First responders face danger every day, whether from unsafe environments and toxins or fires and explosions. Attorney Darby has been representing Maryland first responders in workers’ comp cases since 1988. He understands the unique legal issues involved as well as the severity of the injuries and occupational diseases. He knows how to document the cause of the condition and seek benefits for them. He is proud to fight for these workers, who risk their lives every day.
Conditions Common To Nonpublic Safety Employees
Although their jobs are typically not as dangerous as those of first responders, they can still suffer life-changing occupational diseases and injuries, such as:
- Hearing loss and tinnitus
- Cumulative trauma orthopedic cases (knees, shoulders, spine)
- Post-traumatic stress disorder (PTSD)
These workers need experienced representation to prove that their injuries affect their ability to work, take care of themselves and their families and enjoy their lives. We work hard for these employees, who make it possible for the rest of us to go about our lives.
Presumptive Disease Laws For Maryland First Responders
Maryland’s presumptive disease laws recognize that first responders face repeated exposure to hazardous conditions that increase the risk of serious illness.
For qualifying firefighters, police officers and emergency personnel, certain cancers, heart disease, hypertension and lung conditions are legally presumed to be work-related if statutory requirements are met. This shifts the burden of proof to the employer or insurer to show another cause for the worker’s condition.
While presumptions ease the causation burden, claims still require proper medical documentation and compliance with workers’ compensation procedures, and insurers may attempt to rebut the presumption.
Frequently Asked Questions About Occupational Disease Claims In Maryland
Below are answers to common questions Maryland workers raise when pursuing occupational disease claims.
How do I prove my occupational illness is work-related and not just a normal health condition?
You must show a link between your job duties or workplace exposure and your condition. This typically involves medical records, physician opinions and evidence of long-term exposure or repetitive stress. Job descriptions, safety reports and testimony about working conditions may also support your claim. For some first responders, Maryland presumptive disease laws can make this process easier, though medical documentation is still required.
What happens if my workers’ compensation claim for occupational disease is denied?
If a claim is denied, you may request a hearing before the Maryland Workers’ Compensation Commission. At the hearing, you can present medical evidence and employment records to challenge the denial and counter any arguments that the condition is unrelated to your work or preexisting. Strict filing deadlines apply, and some decisions may be appealed further, if necessary.
What benefits am I entitled to if my occupational disease claim is approved?
If your claim is approved, benefits may include coverage for all reasonable and necessary medical treatment related to the disease. You may also receive some wage replacement benefits if the condition prevents you from working, either temporarily or permanently. In cases involving lasting impairments, permanent partial or permanent total disability benefits may apply. Some workers may also qualify for vocational rehabilitation services if they cannot return to their prior occupation.
Occupational Diseases Can Affect You For Life
Just like traumatic injuries, occupational diseases can have a devastating effect on your job and your life. Work with a Maryland workers’ comp lawyer to pursue the benefits you deserve.