Workers' Comp Laws in Maryland

If you were hurt on the job in Maryland, the deadlines matter more than anything else on this page. Miss them and you can lose your right to benefits entirely. Read the "What to do first" box below before anything else.

What to do first

• Tell your employer right away. Maryland law requires notice of an accidental personal injury to your employer within 10 days after the injury (within 30 days after the death, in a fatal case). Notice may be oral or written; put it in writing if you can and keep a copy. (Md. Code, Labor & Employment § 9-704.) Late notice does not automatically end your claim — see "If you were late giving notice" below — but give notice as soon as you possibly can.
• Get medical care. Go to an emergency room or urgent care for anything serious, and tell the provider the injury happened at work.
• Write down what happened — date, time, place, witnesses, and how the injury occurred — while it is fresh.
• File your claim with the Commission within 60 days of the accidental injury, and in no event later than 2 years after it (details below).
• File directly with the Commission — you can file the employee claim application online through the Commission's website.

Maryland's workers' compensation agency

Workers' compensation claims in Maryland are handled by the Maryland Workers' Compensation Commission, the state agency that administers Maryland's workers' compensation law and decides disputes between injured workers and employers or their insurers. The Commission is located at 10 East Baltimore Street, Baltimore, MD 21202, and can be reached at (410) 864-5100 during business hours (toll-free from outside the Baltimore metro area: 1-800-492-0479). Its website, wcc.state.md.us, has an employee FAQ, benefit information, and online claim filing.

Who is covered

The Commission states that every employer in Maryland with one or more employees is required by law to provide workers' compensation coverage, with a few exceptions written into the statute. The insurance is paid for by the employer, not by you.

Maryland is not a monopolistic state-fund state: an employer may buy coverage from any insurer authorized to write workers' compensation insurance in Maryland (including Chesapeake Employers' Insurance Company), and a qualifying employer may instead self-insure with approval from the Workers' Compensation Commission or the Maryland Insurance Administration.

Certain categories of work are treated differently under the statute. If you are not sure whether your job is covered — for example, if you are a farm worker, a casual or domestic worker, or you have been told you are an independent contractor — do not assume you are excluded. Ask the Commission.

The deadline to file your claim

This is the deadline that protects your right to benefits, so do not let it slip. Under Md. Code, Labor & Employment § 9-709, an employee who suffers an accidental personal injury must file a claim application with the Commission within 60 days after the date of the injury.

Maryland law also sets a hard outer limit: a claim is completely barred if it is not filed within 2 years after the date of the accidental personal injury. The Commission may excuse a late filing past 60 days if the employer or its insurer was not prejudiced by the delay, or for another sufficient reason — but that excuse cannot stretch past the 2-year bar.

Section 9-709 sets out two other specific rules worth knowing. If fraud or an estoppel kept you from filing on time, the claim may be filed within 1 year after you discovered the fraud or after the circumstance that prevented filing stopped operating. And a claim for an injury caused by ionizing radiation may be filed within 2 years after the date of disablement or the date you discovered that the injury was caused by the exposure. If you think one of these fits your situation, say so to the Commission rather than assuming you are out of time.

Occupational diseases (illnesses that build up over time rather than a single accident) run on a different clock, and it is one that can work in your favor. Under Md. Code, Labor & Employment § 9-711, an occupational-disease claim is filed within 2 years after the date of disablement or death, or the date the worker (or the worker's dependents) first had actual knowledge that the disablement was caused by the employment — and the period is 3 years for pulmonary dust disease. The clock is tied to disablement and to when you knew the illness was work-related, not to the day you were first exposed. If you are only now learning that a long-running illness came from your job, contact the Commission before concluding your time has run out.

Remember: the 10-day notice to your employer is a separate and earlier deadline from the claim you file with the Commission. Do both.

If you were late giving notice

A missed 10-day notice is not automatically fatal to your claim. Under Md. Code, Labor & Employment § 9-706, the Commission may excuse a failure to give timely notice if there was a sufficient reason for the failure, or if the employer or its insurer was not prejudiced by it — and the burden of showing prejudice is on the employer or insurer, not on you. For an occupational disease, the employer or insurer waives the notice defense entirely unless it raises the issue at the hearing before an award or decision is made. So if you reported your injury late, still report it, still file your claim, and be ready to tell the Commission why the notice was late.

Medical care and your doctor

If your injury is covered, your employer or its insurer pays for your medical treatment — the Commission's employee FAQ states that doctor bills, hospital bills, physical therapy, prescriptions, and other necessary expenses related to the accidental injury are covered, up to the limits in the Official Maryland Workers' Compensation Medical Fee Guide.

In Maryland, you generally choose your own treating doctor. The Commission's employee FAQ says that medical providers can be selected by the injured worker — you do not have to simply accept whichever physician the insurer steers you toward. The practical catch the Commission notes is that the provider has to be willing to treat under the rules of the Medical Fee Guide; if you cannot find a provider in your area who is willing to do so, the Commission suggests asking the employer or insurer for suggestions of providers near you. Make sure the provider knows this is a workers' compensation claim, keep records of your treatment, and if the insurer disputes a treatment or a change of doctor, you can raise it with the Commission.

Wage-replacement benefits

If your injury keeps you out of work, Maryland pays temporary total disability benefits at two-thirds of your average weekly wage, subject to a state maximum tied to the state average weekly wage.

Waiting period. Compensation is not allowed for the first 3 calendar days after the disability begins. But if your temporary total disability lasts more than 14 days, compensation is allowed from the day the disability began — so those first 3 days are paid back to you. (Md. Code, Labor & Employment § 9-620; Commission employee FAQ.)

Maryland's maximum weekly benefit changes every year. Because that figure goes stale, we do not print a dollar amount here — check the current maximum with the Maryland Workers' Compensation Commission or your claims adjuster.

Permanent disability

If your injury leaves you with lasting impairment after you have recovered as much as you are going to, Maryland's law provides for permanent partial disability (for a lasting impairment that does not stop you from working entirely — commonly rated by body part and degree of impairment) and permanent total disability (for the most serious, work-ending injuries). What you receive depends heavily on the medical evidence and the impairment rating in your case, and this is one of the most contested parts of a workers' comp claim. Ask the Commission or a qualified representative how your specific injury would be rated and paid, and confirm current benefit rates and maximums with the Commission rather than relying on any figure you see elsewhere.

If your claim is denied

A denial is not the end of the road — but the clock is short, so do not sit on it. Your case is decided by a Workers' Compensation Commissioner, who, like a judge, hears both sides and determines what benefits, if any, you should receive.

Any party who disagrees with a decision of the Commission may appeal to the Circuit Court by filing a petition for judicial review. By statute, the appeal must be filed within 30 days after the date the Commission mails its order (Md. Code, Labor & Employment § 9-737), and the Commission's own FAQ says the same. Mark that date the moment a decision arrives, and confirm the filing requirements with the Commission or the Circuit Court clerk.

Where to get help in Maryland

• Maryland Workers' Compensation Commission — (410) 864-5100, or 1-800-492-0479 from outside the Baltimore metro area, or wcc.state.md.us for the employee FAQ, forms, online claim filing, and hearing information. The Commission also offers interpreter services for workers with limited English.
• Legal aid — Maryland Legal Aid and other nonprofit legal services programs may be able to help income-eligible workers. Ask the Commission or your local court's self-help resources for a current referral.
• Attorney fees. Under Maryland law, no one may charge or collect a fee for legal services on a workers' compensation claim unless the fee is approved by the Commission (Md. Code, Labor & Employment § 9-731). If a representative quotes you a fee, you can ask the Commission how approval works.

This article provides general legal information about Maryland workers' compensation law, not legal advice. Rules and benefit amounts change. For guidance on your specific situation, contact the Maryland Workers' Compensation Commission or a qualified representative.