How do I file a workers' compensation claim in Maryland?

Question

Accepted Answer

Maryland workers' comp is governed by Md. Code, Labor and Employment Article, Title 9, administered by the Maryland Workers' Compensation Commission.

1. Coverage

Required for all employers with 1+ employee (Md. Lab. & Empl. § 9-202). Excluded: certain agricultural employers (with fewer than 3 full-time employees or under $15,000 payroll), casual labor, and qualifying independent contractors.

2. Notice to Employer

Oral or written notice within 10 days of accidental injury, or within 1 year of occupational disease diagnosis (Md. Lab. & Empl. § 9-704). Late notice without good cause and prejudice bars the claim.

3. Claim Filing

File Form C-1 (Employee Claim) with the WCC within 60 days to preserve full rights, but the statute of limitations is 2 years from injury (Md. Lab. & Empl. § 9-709). For occupational disease, 2 years from disablement and knowledge.

4. Benefits

Medical fully covered. Temporary Total Disability pays 2/3 of average weekly wage subject to state average weekly wage max (about $1,338/week for 2026) under § 9-621. Permanent Partial Disability under § 9-625 categorized as Tier I (1–74 weeks), Tier II (75–249 weeks), and Tier III (250+ weeks, "serious disability") with escalating rates. Permanent Total under § 9-637 for life. Death benefits under § 9-678 plus $7,000 funeral.

5. Independent Medical Exam (IME)

Carrier may require IME under § 9-727. Refusal can suspend benefits.

6. Choice of Doctor

Employee chooses the treating physician in Maryland (§ 9-660). Employer cannot force a particular provider, though Managed Care arrangements may be approved.

7. Denied Claim / Appeal

WCC issues an order after hearing before a Commissioner. Appeal to Circuit Court within 30 days for de novo review or on the record (§ 9-737); then to Maryland Appellate Court.

8. Third-Party Suit

Md. Lab. & Empl. § 9-901 et seq. preserves third-party rights. Carrier has subrogation lien — reduced for pro-rata attorney's fees per § 9-902.

This is legal information, not legal advice.