Legal Question in Workers Comp in Maryland

Lung Damage Due to Employer Negligence

I was empoyed as a covert investigator with the State Police. I was a sworm Police Officer for 13 years. In December, 1998, I became permanently disabled as a result of inhaling battery acid from inside of the surveillance van I was operating. The battery installed was the wrong type of battery for this kind of vehicle. My employer acknowledged that I was injured on duty but denied my disability retirement. The reason for refusing my retirement was that I had allergies prior to my injury and they said that I had a pre-existing condition. All of the local attorneys seem to be afraid of the State Police. I have been told that I cannot file suit because it was not a malicious act. Is there any recourse against them? I have lost almost everything and in a state of financial ruin because of the loss of employment due to their negligence. Thank you for reviewing this question.


Asked on 10/22/00, 6:59 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Lung Damage Due to Employer Negligence

You should have and still should file a claim for workers' compensation. You will need to establish that you sustained an injury while working and that it wasn't a natural consequence of your job duties. You will also need your doctor's records to substantiate the nature of your ailment, its causality and what degree if any of permanent injury you sustained from this incident. The Worker's Compensation Commission can order the government to pay you benefits for as long as you're disabled, and also to pay your medical expenses.

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Answered on 11/15/00, 2:21 pm


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