The Maryland workers compensation act — formally the Maryland Maryland Workers’ Compensation Act (the common name for Title 9, “Workers’ Compensation,” of the Labor and Employment Article), found at Annotated Code of Maryland, Labor and Employment Article, Title 9, §§ 9-101 et seq. — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Maryland workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Maryland at a Glance
| Official name | Maryland Workers’ Compensation Act (the common name for Title 9, “Workers’ Compensation,” of the Labor and Employment Article) |
| Where it lives | Annotated Code of Maryland, Labor and Employment Article, Title 9, §§ 9-101 et seq. |
| First enacted | 1914. Chapter 800, Acts of 1914 created the State Industrial Accident Commission. Maryland passed an earlier law in 1902, but a court struck it down as unconstitutional. |
| Reporting deadline | Notice to the employer within 10 days after the accident, under § 9-704. The Commission may excuse late notice if there was a sufficient reason or the employer was not harmed by the delay. |
| Filing deadline | File a claim with the Commission within 60 days after the injury, under § 9-709(a). A claim is barred if it is not filed within 2 years after the injury, under § 9-709(b). § 9-711 has separate deadlines for occupational disease. |
| Exclusive remedy | § 9-509 makes compensation the employer’s exclusive liability. The main exception is in § 9-509(d): if the employer deliberately intended to injure or kill the worker, the worker or family may choose either a compensation claim or a lawsuit for damages. Gross negligence or willful safety violations do not count as deliberate intent. |
In This Maryland Guide:
What the Maryland Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Maryland workers compensation act dates to 1914. Chapter 800, Acts of 1914 created the State Industrial Accident Commission. Maryland passed an earlier law in 1902, but a court struck it down as unconstitutional..
It lives at Annotated Code of Maryland, Labor and Employment Article, Title 9, §§ 9-101 et seq., and the official text is linked in the sources. Maryland passed the first US workers’ compensation law in 1902, though it was struck down. § 9-202 presumes every worker is a covered employee, and the employer must prove independent-contractor status.
A state Uninsured Employers’ Fund (Title 9, Subtitle 10) pays benefits when the employer has no coverage. A Subsequent Injury Fund covers combined disabilities. Benefit maximums are tied to the State Average Weekly Wage, which is set each year. Many claimants confirm details with the Commission and a licensed Maryland attorney.
Who the Maryland Workers Compensation Act Covers
§ 9-402 says each employer must secure compensation for all covered employees through an authorized insurer, self-insurance, or a governmental or group self-insurance program. § 9-202 presumes anyone working under a contract of hire is a covered employee, so there is no minimum employee count. A separate section lists the exempt classes — commonly some domestic, casual and agricultural work, and owners who elect out.
Deadlines in the Maryland Workers Compensation Act
Waiting period: § 9-620. If the disability lasts 14 days or less, no pay for the first 3 days. If it lasts more than 14 days, pay starts from the first day of disability. Medical benefits are not subject to the waiting period.. Wage-loss rate: § 9-621. Temporary total disability pays 66.67% (two-thirds) of the average weekly wage, capped at 100% of the State Average Weekly Wage.
The cap changes every year, so check the Commission’s compensation-rate table..
Maryland Workers Compensation Act: Key Sections at a Glance
The sections of the Maryland workers compensation act that decide most cases, each with its citation:
| Coverage mandate | § 9-402 says each employer must secure compensation for all covered employees through an authorized insurer, self-insurance, or a governmental or group self-insurance program. § 9-202 presumes anyone working under a contract of hire is a covered employee, so there is no minimum employee count. |
| Report an injury | Notice to the employer within 10 days after the accident, under § 9-704. The Commission may excuse late notice if there was a sufficient reason or the employer was not harmed by the delay. |
| File a claim | File a claim with the Commission within 60 days after the injury, under § 9-709(a). A claim is barred if it is not filed within 2 years after the injury, under § 9-709(b). § 9-711 has separate deadlines for occupational disease. |
| Waiting period | § 9-620. If the disability lasts 14 days or less, no pay for the first 3 days. If it lasts more than 14 days, pay starts from the first day of disability. Medical benefits are not subject to the waiting period. |
| Wage-loss rate | § 9-621. Temporary total disability pays 66.67% (two-thirds) of the average weekly wage, capped at 100% of the State Average Weekly Wage. The cap changes every year, so check the Commission’s compensation-rate table. |
| Exclusive remedy | § 9-509 makes compensation the employer’s exclusive liability. The main exception is in § 9-509(d): if the employer deliberately intended to injure or kill the worker, the worker or family may choose either a compensation claim or a lawsuit for damages. Gross negligence or willful safety violations do not count as deliberate intent. |
| Retaliation | § 9-1105 bars an employer from firing a covered employee solely because the employee filed a claim. Violation is a misdemeanor with a fine of up to 500, up to 1 year in jail, or both. Maryland courts also allow a civil lawsuit for wrongful (abusive) discharge in these cases. |
| Who hears disputes | The Maryland Workers’ Compensation Commission hears disputed claims (Title 9, Subtitle 3, and the claims and hearings rules in Subtitle 7, §§ 9-701 et seq.). Commission decisions can be appealed to the circuit court under Title 9, Subtitle 7 (§ 9-737 et seq.). |
The Exclusive-Remedy Bargain in the Maryland Workers Compensation Act
§ 9-509 makes compensation the employer’s exclusive liability. The main exception is in § 9-509(d): if the employer deliberately intended to injure or kill the worker, the worker or family may choose either a compensation claim or a lawsuit for damages. Gross negligence or willful safety violations do not count as deliberate intent.
Retaliation and Penalties Under the Maryland Workers Compensation Act
§ 9-1105 bars an employer from firing a covered employee solely because the employee filed a claim. Violation is a misdemeanor with a fine of up to 500, up to 1 year in jail, or both. Maryland courts also allow a civil lawsuit for wrongful (abusive) discharge in these cases. The penalty section covers employers who go without required coverage: fines, stop-work orders and, in many states, criminal exposure.
The Maryland Workers’ Compensation Commission hears disputed claims (Title 9, Subtitle 3, and the claims and hearings rules in Subtitle 7, §§ 9-701 et seq.). Commission decisions can be appealed to the circuit court under Title 9, Subtitle 7 (§ 9-737 et seq.).
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Recent Amendments to the Maryland Workers Compensation Act
No amendment to the Maryland workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Maryland Workers Compensation Act
Statute pages are written for lawyers, so read the Maryland workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Maryland workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Maryland claim guide turns these sections into steps and dates, and the Maryland requirements guide covers the employer side.
Frequently Asked Questions
Where is the Maryland workers compensation act in the code?
Annotated Code of Maryland, Labor and Employment Article, Title 9, §§ 9-101 et seq.. The sources below link to the official text.
How long do I have to report a work injury under the Maryland act?
Notice to the employer within 10 days after the accident, under § 9-704. The Commission may excuse late notice if there was a sufficient reason or the employer was not harmed by the delay.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Maryland workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Maryland Sources & Resources
- Maryland Maryland Workers’ Compensation Commission: https://www.wcc.state.md.us
- Maryland Workers’ Comp Statute: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-101
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Maryland workers compensation act guide was last verified against official Maryland sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.