Does Maryland’s Workers’ Compensation System Cover Mesothelioma?

Posted on behalf of Peter T. Nicholl in Mesothelioma & Asbestos Published on March 11, 2019 and updated on March 6, 2022.

mesothelioma diagnosis on a clipboardMany people who developed mesothelioma or other asbestos-linked diseases were exposed to asbestos at their job. They may have worked with asbestos-containing materials or been close to others who did and breathed in asbestos fibers that became airborne. (A large majority of mesothelioma cases are related to asbestos exposure.)

The fact that exposure often occurs at work makes people wonder if they can receive workers’ compensation benefits for their medical bills and other damages. Below, our Maryland mesothelioma attorneys discuss how to pursue benefits for occupational diseases like mesothelioma, including the deadline for pursuing benefits and the types of benefits available. For a free, no obligation consultation, contact us now.

Workers’ Compensation for Occupational Diseases

In Maryland, mesothelioma is categorized as an occupational disease. Unlike other illnesses that develop quickly, mesothelioma is a latent disease that may take years to develop and be diagnosed.

For mesothelioma to be considered an occupational disease that qualifies for workers’ compensation benefits, it must have been caused by the nature of your employment, where hazards related to mesothelioma existed and you were employed before the date of disablement. Your condition may also be considered an occupational disease if your symptoms are consistent with those known to be associated with exposure to asbestos and were caused by the type of job you were employed in before the date of the disablement.

Deadline for Filing a Claim

If you want to file a workers’ compensation claim for mesothelioma arising from work-related exposure to asbestos, you must first notify your employer that you have discovered or have reason to believe you have a disease related to employment. Notice must be provided within one year of you knowing or suspecting you have an occupational disease.

If the person with work-related mesothelioma has passed away, dependents must provide notice within one year of knowing the dependent’s death was caused by an occupational disease.

The deadline for actually filing a claim for disablement or death from an occupational disease is two years from the date of disablement or death, or when you or your dependents had actual knowledge of your disablement being caused by an occupational disease.

Benefits for Mesothelioma

Filing a workers’ compensation claim for mesothelioma can provide compensation to cover your related medical bills as well as disability, including the cost of:

  • Medical treatment
  • Surgery
  • Hospital and nursing services
  • Medical devices
  • Medications
  • Prosthetics

If your mesothelioma diagnosis prevents you from working, either entirely or in the same capacity as you used to, you may qualify for disability benefits, including:

  • Temporary partial disability provides benefits if you are only able to perform part-time or limited duties due to your diagnosis, which reduces your earning capacity during the treatment and recovery process. If you are awarded this benefit, you will receive 50 percent of the difference between your average weekly wage and your earning capacity while you have a partial disability.
  • Temporary total disability provides compensation during the healing period if your diagnosis prevents you from working at all. This is worth two-thirds of your average weekly wage from before your disability.
  • Permanent total disability provides compensation if you are permanently and totally disabled due to your diagnosis. This is worth two-thirds of your average weekly wage.
  • Permanent partial disability provides benefits if you have been partially disabled by your diagnosis, suffering a permanent impairment that prevents you from working at your former capacity or performing the same duties. This is also worth two-thirds of your average weekly wage.

Schedule a Free Legal Consultation by Contacting Us

If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Our accomplished and experienced mesothelioma attorneys can review your case and help you access the benefits you deserve.

Request a free, no obligation consultation today and learn what legal options are available. We charge no upfront fees and payment is only due if we recover compensation on your behalf.

Contact the trusted attorneys at our firm right now by calling 410-244-7005.