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How do I file a workers compensation claim in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Maryland workers' compensation is administered by the Maryland Workers' Compensation Commission (WCC) under Md. Code, Labor & Employment Article, § 9-101 et seq.

1. Who Is Covered

  • Virtually all Maryland employers with employees must carry workers' comp (Md. Code, Lab. & Empl. § 9-202).
  • Includes part-time and seasonal workers.
  • Sole proprietors, partners, LLC members, and corporate officers may opt out; certain agricultural and domestic workers excluded.

    • 2. Notice to Employer — 10 Days for Accidental Injury

  • Under Md. Code, Lab. & Empl. § 9-704, give notice to the employer within 10 days for accidental injuries.
  • For occupational disease: within 1 year of disablement (§ 9-711).
  • Failure to give timely notice may bar the claim absent good cause.

    • 3. Filing Deadline — 2 Years

  • File Form C-1 (Employee's Claim) with the WCC within 2 years of the date of accident (Md. Code, Lab. & Empl. § 9-709).
  • For occupational disease: 2 years from disablement.
  • Hearings before a Commissioner; appeals to circuit court (de novo).

    • 4. Weekly Benefit Calculation

  • Temporary Total Disability (TTD): 66 2/3% of AWW (Md. Code, Lab. & Empl. § 9-621).
  • 2024 maximum TTD: approximately $1,338/week (100% of SAWW); minimum: $50/week or actual wages, whichever is less.
  • Temporary Partial Disability (TPD): 50% of the difference between pre- and post-injury AWW.

    • 5. Three-Tier PPD System (Unique to Maryland)

  • Tier 1 (1-74 weeks): 1/3 of AWW, max ~$208/week (2024).
  • Tier 2 (75-249 weeks, called "Serious Disability"): 2/3 of AWW, max ~$1,003/week.
  • Tier 3 (250+ weeks): 2/3 of AWW, max ~$1,338/week.

    • 6. Maximum Benefit Period

  • TTD: until MMI.
  • PPD: scheduled by body part with tier-based weekly rates.
  • Permanent Total Disability: lifetime.

    • 7. Medical Treatment — Employee Chooses

  • The employee chooses the treating physician (Md. Code, Lab. & Empl. § 9-660).
  • Employer/carrier may request an Independent Medical Examination (IME).
  • Medical benefits are unlimited in duration.

    • 8. Choice of Doctor

  • Broad — employee chooses.

    • 9. Attorney Fees

  • Capped at 20% of the award under Md. Code, Lab. & Empl. § 9-731; subject to WCC approval.

    • 10. Subsequent Injury Fund

  • Pays additional benefits when a pre-existing condition combines with a work injury to cause greater disability (§ 9-802).

    • 11. Retaliation

  • Md. Code, Lab. & Empl. § 9-1105 prohibits retaliatory discharge for filing a workers' comp claim.

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your case may qualify for Tier 2 'Serious Disability' rate
    • You have a pre-existing condition and may qualify for Subsequent Injury Fund
    • Your employer denies your claim and you need a Commissioner hearing
    Related Statutes & Laws
    • Md. Code, Lab. & Empl. § 9-202
    • Md. Code, Lab. & Empl. § 9-621
    • Md. Code, Lab. & Empl. § 9-660
    • Md. Code, Lab. & Empl. § 9-704
    • Md. Code, Lab. & Empl. § 9-709
    • Md. Code, Lab. & Empl. § 9-731
    • Md. Code, Lab. & Empl. § 9-1105

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.