It may not be easy to pinpoint the exact moment someone is injured at work. Many workers suffer injuries without an exact start date, like those based on repetitive stress and overexertion. At the outset, these injuries may not seem compensable under the workers’ compensation statute. However, this is not always the case.
While ordinary or usual job-related repetitive trauma cannot predicate a claim for accidental injury, under the Workers’ Compensation statute, such may still be compensable under the second part of the statute pertaining to occupational disease. Portner & Shure, P.A. and our Maryland overexertion claim attorneys can help you understand your legal options if you’ve been injured at work after trying to do too much or pushing yourself too far. You could have the right to workers’ compensation benefits and not know it.
Call us at (410) 995-1515 or contact us online for more information.
Occupational Disease Claims & Overexertion
In Maryland, occupational disease is defined as an injury due to the nature of the job and the hazards it presents. (Md. Code Ann., Lab. & Empl. § 9-502.) An occupational disease is an expectable result of working under the typical conditions of your job, but it is not always noticeable right away.
An employer and insurer are liable to provide compensation for covered employees resulting from an occupational disease, only if the occupational disease that caused the death or disability:
- Is due to the nature of employment in which hazards of the occupational disease exist and the covered employee was employed before the date of disablement; or
- Has manifestations that are consistent with those known to result from exposure to a biological, chemical, or physical agent that is attributable to the type of employment in which the covered employee was employed before the date of disablement; and based upon on the weight of the evidence, it reasonably may be concluded that the occupational disease was incurred as a result of the employment of the covered employee.
In sum, the question is whether the nature of your job exposes you to a greater risk of a particular disease than that experienced by the public or workers in other fields.
For example, carpal tunnel syndrome may be deemed an occupational disease that is caused by repetitive stress or overexertion. This is a very fact-dependent inquiry, and an experienced attorney will evaluate your case and discuss your potential for success.
How Maryland Handles Overexertion Claims
In a recent case, the Maryland Court of Appeals deemed shoulder impingement syndrome to be compensable under the Workers’ Compensation statute. In that case, a licensed electrician brought an occupational disease claim and contended that the risk of contracting this injury increased because of repeated overhead motions, which were a hazard inherent in the job of an electrician. A clear causal connection existed between the duties of employment and the disease contracted by the employee, even though that disease was due to his own overexertion. Thus, shoulder impingement syndrome was deemed compensable. Of course, whether your injury is compensable under the statute is situation-dependent and should undergo a thorough review by an experienced workers’ compensation attorney.
The Maryland Court of Appeals also recently determined that a paramedic/firefighter’s degenerative meniscal tear (knee condition) was an occupational disease. The Court noted that the plaintiff’s degenerative knee condition developed progressively, from repetitive trauma, which stemmed from the natural consequences of his job as a paramedic/firefighter. Thus, the plaintiff was entitled to recover under Maryland’s workers’ compensation statute.
File an Overexertion Workers’ Comp Claim Today
If you suffered an injury due to the hazards inherent in your job, the fundamental everyday tasks you do, then you should contact us to see if you have a workers’ compensation claim.
