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. 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, your benefits are disputed, or you are offered a settlement, consult a Maryland workers' compensation attorney before signing anything. 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