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Does workers’ comp cover illnesses contracted in a workplace?

A lot of people who work in offices and other indoor workplaces are subjected to poor quality air and even sometimes breathe in toxic materials without realizing it. These toxins may not bother some employees, while others can become seriously ill.

Are employees eligible for workers’ compensation benefits if they suffer a negative reaction to materials in their work environment? In one case last year, the Maryland Appellate Court ruled that they weren’t.

The ruling

The case involved a financial advisor for Morgan Stanley in Annapolis who developed pneumonitis (a lung inflammation) and other pulmonary issues. He said he contracted the disease because he was exposed to mold in the offices of the investment firm. The employee filed a workers’ comp claim seven years after he first developed respiratory issues because in testing both his home and office for mold, it was found only in his office.

The Maryland Workers’ Compensation Commission agreed that he had suffered an occupational disease and was entitled to workers’ comp. When the matter was elevated to the appellate court, however, the judges determined that pneumonitis, which can be caused by mold exposure, isn’t a “known risk or distinctive feature of the job of a financial advisor.”

The ruling also stated that under Maryland law, “To obtain compensation for an occupational disease in a workers’ compensation case…the employee must prove exposure to a biological, chemical or physical agent that is a distinctive feature of the type of work performed, as opposed to a specific condition at the employee’s particular workplace.”

The court referenced another court ruling that stated, “[i]t is not enough that the ailment is caused by the specific place in which the claimant happens to work.” Therefore, the court ruled that he didn’t qualify for workers’ comp benefits.

That distinction between the conditions in a workplace and the requirements of the job is an interesting one, since employees are typically required to be present in a specific workplace in order to do their job. With any kind of illness, however, it can be difficult to prove that it was contracted because of those conditions and not somewhere else. One expert witness in this case testified that it was more likely the financial advisor contracted pneumonitis somewhere else.

It is typically more challenging to seek workers’ comp benefits for illnesses than than injuries since the cause of an illness-related condition can often be called into question more easily. Therefore, ill workers who believe that they may be entitled to benefits can generally benefit from seeking legal guidance as early as possible in the compensation process. Proper support can make all the difference.

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