Maryland
Maryland Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
Maryland requires nearly every employer to carry workers' compensation coverage, giving injured workers a no-fault path to medical care and partial wage replacement without having to prove anyone was at fault. In return, workers give up the right to sue their employer in most circumstances.
Is workers' comp required in Maryland?
Maryland requires virtually all employers with one or more employees to carry workers' compensation insurance under Md. Labor and Employment Code Title 9. Coverage must be secured through an authorized insurer, an approved individual self-insurance arrangement, or one of the group self-insurance options the statute allows. The state-created Injured Workers' Insurance Fund no longer operates under that name: it became the Chesapeake Employers' Insurance Company, a private nonprofit nonstock corporation, and on and after October 1, 2013 that company has been Maryland's workers' compensation insurer of last resort. The Maryland Workers' Compensation Commission (WCC) administers the system, resolves disputed claims, and oversees compliance. Employers who fail to carry required coverage face civil and criminal penalties, and injured workers of uninsured employers can still pursue benefits through the Uninsured Employers' Fund.
Most workers are covered, including part-time and seasonal employees. A narrow set of exclusions exists for certain agricultural workers, domestic servants in private homes, and independent contractors who are genuinely self-employed (see independent contractor vs. employee for how that line is drawn). When in doubt, the WCC presumes an employer-employee relationship, so contractors who were actually treated as employees can still be eligible.
Benefits you can receive
Maryland workers' comp covers all reasonable and necessary medical expenses related to your work injury with no copays or deductibles. This includes hospital care, surgeries, prescriptions, physical therapy, and durable medical equipment.
Wage-replacement benefits follow the standard disability categories. Temporary total disability (TTD) pays 66 2/3% of your average weekly wage, up to a maximum equal to the state average weekly wage, which the Commission updates annually. Temporary partial disability (TPD) covers periods when you can work but earn less than before because of your injury, paid at two-thirds of the wage difference.
Permanent partial disability (PPD) is awarded when your injury results in a lasting impairment. Maryland uses a scheduled loss system for specific body parts (such as arms, legs, and hands) and a separate unscheduled category for injuries to the body as a whole. Permanent total disability (PTD) applies when you can no longer perform any gainful employment. Death benefits provide wage replacement to surviving dependents, plus burial expenses up to a statutory limit.
There is a 3-day waiting period before TTD benefits begin. If your disability lasts more than 14 days, those first 3 days are paid retroactively, so you receive benefits from day one.
Deadlines: reporting your injury and filing a claim
Maryland has two separate deadlines, and missing either one can cost you all or part of your benefits.
The first clock is filing with the Commission. You must file a claim with the Maryland Workers' Compensation Commission within 60 days of the accidental injury. This is not just a notice to your employer but a formal filing with the WCC. Acting quickly is essential: delays beyond 60 days raise serious procedural hurdles, and the Commission may reduce or deny benefits based on late filing.
Missing day 60 is not automatically the end of your claim. Md. Labor and Employment §9-709(b)(2) allows the Commission to excuse a late filing if it finds that the employer or its insurer has not been prejudiced by the failure to file, or that there is another sufficient reason. That is a discretionary safety valve, not a right, so file as soon as you can and be prepared to explain the delay.
The second clock is the absolute bar. Under §9-709(b)(3), a covered employee who fails to file a claim within 2 years after the date of the accidental personal injury is completely barred. This one is a hard cutoff, and the excuse provision above does not reach it. For occupational diseases (conditions that develop gradually from work exposures), different limitation periods apply, so consult an attorney if the exact accrual date is unclear.
Your employer also has its own reporting obligation: Maryland employers must file a First Report of Injury with their insurer and the WCC within 10 days of notice of a lost-time injury. However, you should not rely on your employer to file on your behalf. Protect yourself by filing your own claim directly with the Commission as soon as possible.
For context on how Maryland's injury deadlines compare with general civil litigation, see our Maryland statute of limitations page.
Choosing your doctor
Maryland is not an employer-directed state. The injured worker picks the treating physician. The Workers' Compensation Commission says so directly in its guidance for employees: in Maryland, medical providers can be selected by the injured worker. The statute assumes the same thing, referring to the report of a physician chosen by the covered employee when a claim is filed (Md. Labor and Employment §9-709(a)(1)(ii)). Your employer and its insurer are responsible for paying for reasonable and necessary treatment for the work injury; they do not choose the doctor for you.
The real limit is billing, not permission. Providers who treat workers' compensation patients are paid under the Commission's Medical Fee Guide, and not every practice accepts those rates. The Commission's own advice is that if you cannot find a provider in your area willing to treat under the Guide, it is worth asking the employer or insurer for suggestions of providers who do. Tell any provider you see that the injury happened at work, so the bills are routed to the workers' compensation insurer rather than your health plan.
Disputes still arise, usually over whether a particular course of treatment is reasonable, necessary, and related to the work injury. If the insurer refuses to authorize what your doctor recommends, you can raise the issue with the Maryland Workers' Compensation Commission and have it decided at a hearing. The Commission also has authority to order an independent medical examination.
You can obtain an independent medical evaluation of your own, and the results can be submitted as evidence in disputed proceedings before the Commission. A second opinion can be especially important if an insurer's examining physician says you are able to return to work before you feel ready.
Can you sue your employer? The exclusive-remedy rule
Maryland's workers' compensation system is built on the exclusive-remedy bargain. By providing no-fault benefits, the employer receives immunity from most civil lawsuits arising from a workplace injury. You cannot sue your employer for negligence in a Maryland court if workers' compensation applies to your claim.
This immunity is broad but not absolute. The standard exceptions apply in Maryland:
First, if your employer intentionally caused your injury (meaning deliberate, specific intent to harm you, not merely reckless conduct), a civil lawsuit may be possible outside of workers' comp.
Second, third-party claims are fully available. If your injury was caused or worsened by someone other than your employer (a negligent driver while you were making a delivery, a defective piece of machinery made by another company, a subcontractor on a job site), you can pursue both a workers' comp claim and a separate civil lawsuit against that third party. Any recovery from the third party is subject to a lien by the insurer for benefits already paid.
Third, if your employer failed to carry required workers' compensation insurance, you may be able to pursue a civil tort action or a claim through the Uninsured Employers' Fund.
If you were hurt at work in Maryland
Taking the right steps immediately after a workplace injury improves your chances of a successful claim.
Report the injury to your employer in writing as soon as possible, even if it seems minor. Keep a copy of what you submitted, with the date and the name of the person you notified. Do not rely solely on a verbal report.
Get medical treatment promptly, from a physician you choose. Tell the provider the injury happened at work so the billing goes to the workers' compensation insurer. If the injury is an emergency, go to the nearest emergency room first and notify your employer and insurer as soon as you can.
File your claim with the Maryland Workers' Compensation Commission within 60 days. You can file electronically or by paper through the Commission's office. Do not wait for your employer to file for you.
Keep records of everything: medical appointments, correspondence with your employer and the insurer, time missed from work, and any out-of-pocket expenses. Disputes over benefits are resolved in Commission hearings, and documentation is your strongest asset.
If your claim is denied or a settlement is offered, ask a Maryland workers' compensation lawyer for a free case evaluation of the offer or your Commission hearing (attorney advertising). Before you sign anything, our Maryland workers' comp settlement calculator can sketch a rough range to compare against any offer. Most attorneys in this field work on contingency (no fee unless you recover), and a settlement is usually final.
This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in Maryland.
For a full comparison of workers' compensation rules across every state, visit our guide: Workers' Compensation Laws by State.
More Maryland Laws
- Maryland At-Will Employment Laws
- Maryland Car Accident Laws
- Maryland Final Paycheck Laws
- Maryland Slip and Fall Laws
- Maryland Statute of Limitations
Frequently Asked Questions
Is workers' comp required in Maryland?
Yes. Almost all Maryland employers with one or more employees must carry workers' compensation coverage. Coverage can be secured through an authorized insurer, an approved self-insurance arrangement, or a qualifying self-insurance group. The former state-created Injured Workers' Insurance Fund is now the Chesapeake Employers' Insurance Company, a private nonprofit nonstock corporation that has served as Maryland's workers' compensation insurer of last resort since October 1, 2013. Employers who skip coverage face penalties, and injured workers of uninsured employers can claim benefits from the Uninsured Employers' Fund.
How long do I have to file a workers' comp claim in Maryland?
You should file with the Maryland Workers' Compensation Commission within 60 days of your injury. Missing that date is not automatically fatal: under Md. Labor and Employment 9-709(b)(2) the Commission may excuse a late filing if the employer or its insurer was not prejudiced by the delay, or for another sufficient reason. The 2-year bar is different. A claim filed more than 2 years after the date of the accidental injury is completely barred, and that cutoff cannot be excused.
How much does workers' comp pay in Maryland?
Temporary total disability benefits pay 66 2/3% of your average weekly wage, up to a maximum equal to the state average weekly wage, which the Commission sets annually. There is a 3-day waiting period, but those days are paid retroactively if your disability lasts more than 14 days. Permanent disability awards follow a separate schedule based on the body part affected and the degree of impairment.
How long does workers' comp last in Maryland?
Temporary total disability continues as long as you are fully unable to work and your treating physician certifies the incapacity. Permanent partial disability payments are made over a set number of weeks based on Maryland's scheduled loss table. Permanent total disability can provide ongoing benefits. Benefits generally end when you return to work, reach maximum medical improvement, or the awarded payment period expires.
Can I choose my own doctor in Maryland?
Yes. Maryland is not an employer-directed state. The Workers' Compensation Commission states that in Maryland medical providers can be selected by the injured worker, and the Workers' Compensation Act refers to treatment by a physician chosen by the covered employee. The practical constraint is billing: providers are paid under the Commission's Medical Fee Guide and not every practice accepts those rates, so the Commission suggests asking the employer or insurer for names of providers who do if you cannot find one in your area. If the insurer refuses to authorize treatment your doctor recommends, you can raise the dispute with the Commission.
Can I be fired while on workers' comp in Maryland?
Maryland law prohibits employers from retaliating against an employee for filing a workers' compensation claim. Terminating or threatening an employee specifically because they filed a claim is unlawful. However, Maryland is an at-will employment state, so an employer may still terminate employment for legitimate, non-retaliatory reasons while you are on workers' comp. If you believe you were fired because of your claim, consult an attorney promptly.
Can I sue my employer for a workplace injury in Maryland?
In most cases, no. Workers' compensation is the exclusive remedy, meaning you give up the right to sue your employer in court in exchange for no-fault benefits. Exceptions include intentional injury by the employer, third-party claims against parties other than your employer, and situations where the employer had no workers' compensation coverage. Third-party claims are common and worth exploring if anyone other than your employer contributed to your injury.
Updates
Corrected the medical-care section: Maryland lets the injured worker choose the treating physician, replacing an incorrect statement that the employer or insurer directs care; updated the Injured Workers' Insurance Fund to the Chesapeake Employers' Insurance Company; added the statutory provision that lets the Commission excuse a late claim filing; and fixed the Maryland statute of limitations link.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maryland Code, Labor and Employment Article
§ 9-501In force
§9–501. (a) Except as otherwise provided, each employer of a covered employee shall provide compensation in accordance with this title to: (1) the covered employee for an accidental personal injury sustained by the covered employee; or (2) the dependents of the covered employee for death of the covered employee: (i) resulting from an accidental personal injury sustained by the covered employee; and (ii) occurring within 7 years after the date of the accidental personal injury. (b) An employer is liable to provide compensation in accordance with subsection (a) of this section, regardless of fault as to a cause of the accidental personal injury.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 9-402In force
§9–402. (a) Subject to subsections (b) through (f) of this section, each employer shall secure compensation for all covered employees of the employer by: (1) maintaining insurance with an authorized insurer; (2) participating in a governmental self–insurance group that meets the requirements of § 9–404 of this subtitle; (3) participating in a self–insurance group of private employers that meets the requirements of Title 25, Subtitle 3 of the Insurance Article; (4) maintaining self–insurance for an individual employer in accordance with § 9–405 of this subtitle; or (5) having a county board of education or private noncollegiate institution secure compensation under § 8–402(c) or § 7–114(d) of the Education Article. (b) The State shall secure compensation for jurors by maintaining insurance with the Chesapeake Employers’ Insurance Company and paying to the Company the premiums set by the Board for the Company as necessary to provide compensation for jurors.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 9-709In force
§9–709. (a) (1) Except as provided in subsection (c) of this section and § 9–504 of this title, if a covered employee suffers an accidental personal injury, the covered employee, within 60 days after the date of the accidental personal injury, shall file with the Commission: (i) a claim application form; and (ii) if the covered employee was attended by a physician chosen by the covered employee, the report of the physician. (2) (i) A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant’s attorney, the Uninsured Employers’ Fund, the Subsequent Injury Fund, the claimant’s employer, and the insurer of the claimant’s employer, or an agent of the claimant’s attorney, the Uninsured Employers’ Fund, the Subsequent Injury Fund, the claimant’s employer, or the insurer of the claimant’s employer, of medical and financial information that may be relevant to: 1. the member of the body that was injured, as indicated on the claim application form; and 2. the description of how the accidental personal injury occurred, as indicated on the claim application form.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 9-101In force
§9–101. (a) In this title the following words have the meanings indicated. (b) “Accidental personal injury” means: (1) an accidental injury that arises out of and in the course of employment; (2) an injury caused by a willful or negligent act of a third person directed against a covered employee in the course of the employment of the covered employee; or (3) a disease or infection that naturally results from an accidental injury that arises out of and in the course of employment, including: (i) an occupational disease; and (ii) frostbite or sunstroke caused by a weather condition. (c) “Child” includes: (1) an adopted child; (2) an illegitimate child; (3) a posthumous child; and (4) a stepchild. (d) “Commission” means the State Workers’ Compensation Commission. (e) (1) “Compensation” means the money payable under this title to a covered employee or the dependents of a covered employee. (2) “Compensation” includes funeral benefits payable under this title. (f) “Covered employee” means an individual listed in Subtitle 2 of this title for whom a person, a governmental unit, or a quasi-public corporation is required by law to provide coverage under this title.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Gasper v. Ruffin Hotel Corp. of Maryland, Inc. (Court of Special Appeals of Maryland 2008, 183 Md. App. 211)“…59 Md. at 246 , 753 A.2d 501 . 9 . Md.Code, Labor and Employment, § 9-101 et seq. (1999 Repl.Vol., 2007 S…”
- Petty v. Mayor & Council of Baltimore (Court of Special Appeals of Maryland 2017, 232 Md. App. 116)“…ed by the Maryland Workers’ Compensation Act (“MWCA”), see Md. Code Ann., Lab. & Empl. §§ 9-101, et. seq.; and appellant’s tortious int…”
- Gantt v. Security, USA, Inc. (Court of Appeals for the Fourth Circuit 2004, 356 F.3d 547)“…ee covered by the Maryland Workers’ Compensation Act. See Md.Code Ann., Lab. & Empl. § 9-101(b), (f). Except for specified intenti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Maryland Code, Insurance Article
§ 24-303In force
§24–303. (a) There is a Chesapeake Employers’ Insurance Company. (b) The Company shall be: (1) a private, nonprofit, nonstock corporation organized under State law; and (2) subject to the applicable provisions of the Corporations and Associations Article as a nonstock corporation. (c) Before October 1, 2013, the Company shall: (1) file articles of incorporation under the Corporations and Associations Article; and (2) take all steps necessary to be a private, nonprofit, nonstock corporation organized under State law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 24-306In force
§24–306. (a) The Company: (1) shall be an authorized insurer; and (2) on and after October 1, 2013, as a condition of being an authorized insurer, shall be the workers’ compensation insurer of last resort for employers covered under Title 9 of the Labor and Employment Article. (b) Before October 1, 2013, the Fund shall serve as the workers’ compensation insurer of last resort for workers’ compensation insurance and as a competitive workers’ compensation insurer under the same terms and conditions as the Fund served before October 1, 2012. (c) The Company may not cancel or refuse to renew or issue a policy except for: (1) nonpayment of a premium for current or prior policies issued by the Fund or the Company; (2) failure to provide payroll information to the Fund or the Company; (3) failure to cooperate in any payroll audit conducted by the Fund or the Company; or (4) failure to reimburse the Company under a policy with deductibles as required under § 19–404 of this article. (d) The Company may engage only in the business of workers’ compensation insurance in accordance with State law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
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Sources and References
- Maryland Workers' Compensation Commission (WCC)(wcc.state.md.us).gov
- Md. Labor and Employment Code Title 9 (Maryland Workers' Compensation Act)(mgaleg.maryland.gov).gov
- Md. Code, Labor and Employment 9-709 (claim filing: 60-day deadline, excuse for late filing, 2-year bar)(mgaleg.maryland.gov)
- Maryland Workers' Compensation Commission FAQ (medical providers can be selected by the injured worker)(wcc.state.md.us)
- Md. Code, Insurance 24-306 (Chesapeake Employers' Insurance Company is the workers' compensation insurer of last resort on and after October 1, 2013)(mgaleg.maryland.gov)
- Md. Code, Insurance 24-303 (Company shall be a private, nonprofit, nonstock corporation)(mgaleg.maryland.gov)
- Md. Code, Labor and Employment 9-402 (how an employer may secure compensation)(mgaleg.maryland.gov)
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