In January 2026, the Senate Finance Committee began considering S.B. 90, which changes the rules for emergency responders seeking workers’ compensation benefits in Maryland.

The proposal includes a presumption that certain occupational diseases, such as cancer and hypertension, are work-related if the victim is a qualified emergency responder. S.B. 90 also includes a presumption that the condition is disabling.

S.B. 90 also includes two proposed waiting periods. The victim must have been an employee for at least two years (and must still be an employee when sh/e files a claim). Additionally, a qualified physician must diagnose the victim and treat the illness for at least 90 days prior to claim filing.

State Sen. Pam Beidle (D-Annapolis) introduced the legislation.

Occupational Diseases and Presumptive Conditions

By definition, an occupational disease is a work-related illness that occurs over the course of more than one work shift. Examples include joint and muscle conditions, like repetitive stress disorder, and internal illnesses, like toxic exposure cancer.

Occupational disease claims present special issues for a Charles County, MD personal injury lawyer at the Law Offices of Robert R. Castro. Usually, a pre-existing or non-work condition contributes to the risk and/or severity of an occupational disease. Insurance companies typically deny liability in these situations.

Full workers’ compensation benefits are still available if the work-related environment substantially caused the occupational disease. More on that below.

This issue isn’t as prevalent in first responder claims because of the illness presumption. In Maryland, workers’ compensation presumptive conditions are medical conditions that the law assumes are work-related for certain employees, unless the employer proves otherwise. These presumptions mainly apply to firefighters, law enforcement officers, correctional officers, and other public safety workers because of the unique job hazards they face.

For firefighters, Maryland law generally provides presumptions for conditions such as heart disease, hypertension, lung disease, and certain cancers, due to exposure to smoke, toxins, and hazardous materials encountered during firefighting duties.

Law enforcement officers and correctional officers may receive presumptions for heart disease and hypertension due to the high-stress nature of their work. These presumptions make it easier for a Waldorf, MD, personal injury lawyer to obtain benefits.

Benefits Available

Workers’ compensation benefits usually include lost wage replacement and reasonably necessary medical bill payment.

Most job injury victims receive two-thirds of their average weekly wage for the duration of their temporary or permanent disabilities. AWW miscalculation and disability onset date are major issues in occupational disease claims.

The AWW includes more than regular cash compensation. It also includes irregular compensation, such as lost overtime opportunities, and non-cash compensation, such as matching 410(k) contributions. These omissions may seem like nickel-and-dime matters. But nickels and dimes quickly add up to quarters and dollars.

Usually, the disability onset date is much earlier than the claim filing date. Most people keep working as long as possible and only file claims as a last resort. Back pay is calculated from the disability onset date, not the claim filing date.

Generally, workers’ compensation policies cover reasonably necessary medical expenses. This category includes medical treatment, diagnostic tests, medical devices, prescription drugs, and physical rehabilitation. Certain ancillary costs, such as transportation expenses, are covered as well.

Disputes arise because most insurance companies believe “reasonably necessary” means “cheapest available.” A lawyer helps ensure that victims get quality treatment.

Contact a Dedicated Calvert County Lawyer

Injury victims need and deserve substantial compensation. For a confidential consultation with an experienced personal injury lawyer in St. Mary’s County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.