Upper Marlboro Correctional Officers Injury Attorney
Correctional officers in Prince George’s County carry one of the most physically demanding and legally complex jobs in public safety. They work inside facilities where assault, restraint injuries, exposure to infectious disease, and cumulative stress disorders are occupational realities, not rare exceptions. When an injury occurs, the workers’ compensation system does not automatically account for the unique pressures of this work, and employers and insurers do not always acknowledge the full scope of what an officer’s injury actually costs them. At Berman | Sobin | Gross LLP, we have spent 35 years representing Maryland’s correctional officers, firefighters, law enforcement personnel, and other public safety workers. We know how these claims work, where they get contested, and what it takes to build a case that holds up. If you are a correctional officer injured in or around Upper Marlboro, a Upper Marlboro correctional officers injury attorney at our firm can evaluate what you are owed and help you pursue it.
What Makes Correctional Officer Injuries Different Under Maryland Law
Maryland workers’ compensation law includes specific provisions that apply to public safety employees, and correctional officers fall within that protected classification. These provisions exist because the legislature recognized that certain occupational risks, particularly heart disease, lung conditions, and hypertension, are inherently tied to the nature of public safety work. Under Maryland’s statutory presumption framework, qualifying correctional officers who develop these conditions may not have to prove that the job caused the illness in the same way a standard claimant would. The burden effectively shifts, requiring the employer to disprove the work connection rather than requiring the officer to prove it.
This distinction matters enormously in practice. Prince George’s County, where Upper Marlboro serves as the county seat, employs correctional officers through the Department of Corrections at facilities including the Correctional Center on Watkins Park Drive. Officers there face a population management environment that creates high-frequency exposure to exactly the kinds of physical and psychological stressors that trigger these statutory presumptions. An employer’s medical expert cannot simply testify that the presumption lacks scientific support and expect that testimony to stand. Our firm helped establish that principle directly through City of Frederick v. Shankle, a case in which we successfully argued that such experts should not be permitted to undermine the statutory presumption altogether.
For injuries that fall outside the presumption framework, such as orthopedic injuries from restraining a combative detainee, falls in facility corridors, or repetitive stress injuries from equipment and physical duties, the claim proceeds through standard workers’ compensation channels. However, even these cases involve complexity that generic workers’ comp handling does not address, particularly around the question of whether light-duty assignments and wage calculations accurately reflect what the officer was actually earning before the injury, including overtime.
Overtime, Light Duty, and the Wage Disputes That Follow an Injury
Correctional officers frequently earn a meaningful portion of their compensation through overtime. When an injury occurs and an officer is placed on light duty or taken out of work entirely, employers and insurers sometimes calculate temporary total or temporary partial disability benefits based on base salary alone, ignoring the overtime that made up the officer’s real earnings. Maryland law does not require this shortcut. The compensation calculation must reflect the officer’s actual average weekly wage, and where overtime is a consistent and documented part of that wage, it belongs in the calculation.
Berman | Sobin | Gross LLP litigated this issue directly in Montgomery County v. Deibler, establishing that public safety workers placed on full-salary light duty can still recover compensation for the overtime wages they had been earning before injury. This is not an abstract legal principle for our firm. It is a position we have advocated for, won, and used to recover real money for real officers whose compensation would otherwise have been systematically underpaid. For a correctional officer who regularly works overtime shifts at a Prince George’s County facility, the difference between a base-only calculation and an accurate average weekly wage calculation can amount to thousands of dollars in benefits over the course of a recovery.
Occupational Disease Claims for Corrections Personnel in Prince George’s County
Not every injury a correctional officer sustains happens in a single incident. Some of the most serious conditions develop gradually, through repeated exposure to stressors that accumulate over years of service. Hypertension, heart disease, and certain respiratory conditions represent exactly this kind of harm. Officers assigned to the Upper Marlboro area facilities who develop these conditions after years of service are not required to identify a single traumatic event to have a compensable claim under Maryland law.
Filing an occupational disease claim as a correctional officer requires precision. The statutory presumption applies only when the claim is handled correctly, including proper documentation of the officer’s employment history, the nature of their duties, the timeline of diagnosis, and the absence of disqualifying factors. Employers routinely challenge these claims, sometimes through medical experts, administrative arguments, or procedural objections designed to chip away at the presumption before it can function as the legislature intended. A correctional officer in Prince George’s County going through this process without legal counsel is at a serious disadvantage, not because the law is unfair to them, but because the institutions contesting their claims are well-resourced and experienced at making the process difficult.
Our attorneys have handled hundreds of public safety occupational disease claims before the Maryland Workers’ Compensation Commission and in the courts. We understand how employers build their challenges to these claims and how to counter those challenges with the evidence and legal arguments that actually work.
Questions Upper Marlboro Correctional Officers Ask Us About Injury Claims
Does the workers’ compensation presumption for heart and lung conditions apply to correctional officers in Maryland?
Yes. Maryland’s statutory presumption for cardiovascular and pulmonary conditions extends to correctional officers as public safety employees. This means that if an eligible officer develops one of these covered conditions, it is presumed to be work-related, and the employer bears the burden of rebutting that connection. The presumption does not apply automatically without proper filing, however, and how a claim is documented from the start affects how strongly the presumption can be maintained.
What happens if I was injured on light duty or off-site?
The circumstances of where and how the injury occurred will shape the analysis, but officers injured during activities that qualify as within the scope of employment can still have compensable claims. If an injury occurred while performing an authorized duty away from the primary facility, or while responding to a situation during a light-duty assignment, the analysis looks at whether the activity falls within employment obligations. These situations require a careful factual review.
Can I file a workers’ compensation claim and also pursue a separate lawsuit?
In Maryland, workers’ compensation is generally the exclusive remedy against an employer for a workplace injury. However, if a third party, meaning someone other than your employer or a co-worker, contributed to the injury, a separate civil claim against that party may be available alongside the workers’ comp claim. This scenario arises less frequently in a correctional setting than in other industries, but it is worth discussing with an attorney depending on the specifics of how the injury happened.
How long do I have to file a workers’ compensation claim in Maryland?
The general deadline is two years from the date of the accidental injury, or two years from the date of disablement or last compensation payment in an occupational disease case. Missing these deadlines can eliminate an otherwise valid claim. If there is any uncertainty about timing, speaking with an attorney sooner rather than later is the practical choice.
My employer is disputing my injury claim. What does that process look like?
Disputes are resolved before the Maryland Workers’ Compensation Commission, which holds hearings similar in structure to administrative trials. Both sides can present evidence and expert testimony. Decisions can be appealed to the circuit court, and then further to the Court of Special Appeals or Court of Appeals. Berman | Sobin | Gross LLP has litigated workers’ compensation cases through every level of this system, including jury trials and appellate arguments before both of Maryland’s highest courts.
Will I lose my light-duty assignment if I press a workers’ compensation claim?
Retaliation against an employee for filing a workers’ compensation claim is prohibited under Maryland law. That does not mean disputes or tensions never arise, but an employer cannot lawfully terminate or demote you in response to a claim. If you believe adverse employment action has been connected to your claim, that is a separate legal issue worth discussing.
What if another attorney told me my case was too difficult to take?
Berman | Sobin | Gross LLP handles exactly these cases. Our firm was built on the belief that challenging claims deserve rigorous representation, not a referral out or a polite decline. If your claim has been turned away, we will review it and give you an honest assessment of what it actually involves.
Counsel for Correctional Officers Injured in the Upper Marlboro Area
Berman | Sobin | Gross LLP serves correctional officers and public safety workers throughout Prince George’s County and across Maryland, with offices in Lutherville, Baltimore, Gaithersburg, and Frederick. Our attorneys have represented clients before the Workers’ Compensation Commission, in circuit courts throughout the state, and before Maryland’s highest appellate courts. The firm has been the largest workers’ compensation practice in Maryland representing injured workers for decades, and our work has produced appellate decisions that changed the law for public safety employees statewide. For a correctional officer hurt in the line of duty, whether from a single traumatic incident or from years of cumulative occupational exposure, our firm has the depth and determination to handle what comes next. Contact Berman | Sobin | Gross LLP to speak with an Upper Marlboro correctional officer injury lawyer about your claim.
