Maryland Workers' Compensation: Fast Facts

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Coverage Requirements Under Maryland State Law

Most Maryland employers with at least one full or part-time employee must provide workers' compensation insurance coverage. See the list of exempt employees that don't have workers' compensation coverage under state law below.

Work-Related Injury or Illness Reporting Requirements

Notify your supervisor immediately about your work-related illness or injury, preferably in writing. You must report it within 10 days or potentially lose your right to Maryland workers' compensation benefits.

Where to Seek Medical Care

If you need emergency medical care, head to the nearest ER, hospital, or urgent care clinic. Otherwise, you can see any doctor you wish to treat your work-related injury or illness.

Waiting Period for Lost-Wage Benefits in Maryland

Your first 3 days off are always unpaid unless you're unable to work at all for at least 2 weeks. On day 15, you'll qualify for lost-wage benefits covering your first unpaid 3 days off work. If you don't need at least 3 days off work to recover, then workers' comp only pays your medical bills.

Maryland Workers' Compensation Statute of Limitations

You have two years from your job injury or illness diagnosis date to file your Maryland workers' compensation claim.

Maryland Weekly Compensation Rate

You can receive 66 2/3% of your individual average weekly wages, but no more than 100% of Maryland's current AWW. This amount is subject to the state's maximum and minimum benefit amounts for the current calendar year.

How Long You Can Receive Maryland Workers' Comp Benefits

  • Medical benefits: unlimited until you return to work or reach maximum medical improvement, whichever comes first
  • Death benefits: $4,000 for funeral and burial expenses, $3,000 for incidental expenses, plus weekly TTD payments for up to 12 years or until the surviving spouse remarries
  • Temporary Total Disability (TTD): until you return to work or reach maximum medical improvement
  • Permanent Partial Disability (PPD): no more than 16.7% of the state's AWW for up to 74 weeks for non-serious cases (usually a lump-sum payment); up to 1/3 of the state's AWW for 75-249 weeks for non-serious cases; 75% of the state's AWWW for up to 500 weeks for serious injuries
  • Temporary Partial Disability (TPD): up to 50% of the state's AWW for the current calendar year for the duration of disability
  • Permanent Total Disability (PTD): up to 100% of the state's current AWW for the duration of disability

Maryland Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Maryland workers' comp coverage:

  • Agricultural workers whose employer has no more than 2 employees or less than $15,000 in annual payroll
  • Federal employees
  • Independent contractors
  • Sole proprietors and business partners
  • State of Maryland employees

Maryland Workers' Compensation Attorney Fees

All Maryland workers' compensation attorneys work on contingency. This means you only pay your attorney if they help you win your case. If you don't win, then you pay your workers' compensation attorney nothing. Maryland law says that if your claim succeeds, your attorney can charge:

  • Up to 20% of your first 75 weeks of compensation
  • Up to 15% of your next 120 weeks of compensation
  • No more than 10% of any compensation you receive that goes past 195 weeks