Not every workplace injury happens in one sudden accident. Repeated lifting, physical strain or other demands of a job can cause a condition to develop gradually. In Maryland, workers’ compensation may cover certain conditions that develop through employment, but the condition must meet the requirements for an occupational disease or another compensable workplace injury.
When can a gradual injury qualify?
Maryland workers’ compensation law recognizes an occupational disease as a disease contracted as a result of and in the course of employment that causes temporary or permanent, partial or total incapacity. This means a condition that develops over time may qualify when it is sufficiently connected to the worker’s employment.
For example, a worker who repeatedly lifts heavy materials may gradually develop a condition that makes it difficult to perform the job. The absence of one specific accident does not necessarily prevent a claim. The nature of the condition, the work involved and its effect on the worker’s ability to perform the job can all matter.
What if the injury gets worse over time?
Some work-related conditions may begin with mild symptoms and become more serious as the work continues. A worker may initially experience occasional pain but later have difficulty lifting, standing or performing other job duties.
In Maryland, workers who develop occupational conditions generally must give written notice to their employer within one year after they know or have reason to believe they have the condition. They generally must also file a claim with the Workers’ Compensation Commission within two years of the date of disablement or death, or when they first have actual knowledge that the disablement was caused by employment.
A worsening condition does not automatically establish a workers’ compensation claim. Maryland law requires the occupational disease to meet specific requirements, including a connection to the nature of the employment and sufficient evidence that the disease resulted from the employment.
What should an injured worker do?
When symptoms develop gradually, it is important to document when they began and how they affect the ability to work. Records related to a workplace injury can also help establish the condition and its connection to the job.
Workers should report work-related symptoms or conditions as required and keep records of medical treatment and missed work. Prompt medical attention can also create documentation of the condition and its effect on the ability to work.
When a condition develops over time, the circumstances of the injury and its connection to the job can determine whether workers’ compensation applies.