Maryland Workers’ Compensation Laws

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Maryland workers’ compensation laws allow for workers who are injured due to a workplace accident or who suffer a disease or illness because of exposure to hazardous materials at work to file a claim for Maryland workers’ compensation benefits. These benefits are provided to help a worker while he recovers from his injury or illness.

Claims under Maryland Workers’ Compensation Laws

Slipping, falling, tripping, or other workplace accidents that cause injury to a worker, or any other injuries connected to the job, are the kinds of injuries for which the Maryland workers’ compensation system will provide benefits. In addition, repeated exposure to harmful conditions at work, or work conditions that require repetitive motions that cause an employee to develop an illness (such as asbestosis, carpal tunnel syndrome, or tennis elbow), are also covered by workers’ compensation benefits.

However, a workplace injury will not be covered by the employer’s workers’ compensation insurance if it was the result of the employee’s drug or alcohol consumption, or the disregard of the employer’s workplace safety policies. In the event that a worker dies from his workplace injury or his occupational illness, his surviving relatives or dependents will be paid death benefits.

Maryland Workers’ Compensation Benefits

The following workers’ compensation benefits are available in Maryland.

Treatment of Medical Condition: Medical providers who treat workers for their work injuries or occupational illnesses will be paid by the employer’s insurer. Workers’ compensation insurance will pay for any hospital or doctor bills.

Mileage Reimbursement: An employer’s insurer is expected to reimburse a worker for wages he loses traveling back and forth to the hospital and to his physicians’ appointments, as well as the time he spends in the appointments. Mileage costs to and from medical treatment for the occupational illness or injury may also be reimbursed.

Death/Funeral Costs: If an employee dies from his employment-related disease or injury, his dependents may be eligible to receive death benefits. They may also be paid up to $5,000 for any reasonable funeral costs.

Income Benefits: Income benefits to replace wages lost as a result of injury or illness are a common claim under the Maryland workers’ compensation system. Income replacement benefits include the following:

1) Temporary Total Disability Benefits (TTD): TTD applies when the worker is being treated for and recovering from his injury or disease and will be paid 2/3 of his pre-injury average weekly wages each week.

2) Temporary Partial Disability Benefits (TPD): A worker’s injury prevents him from performing his old job, but he can still do some kind of work, though it may be at a reduced wage or for reduced hours. Maryland TPD workers’ compensation benefits will provide the employee with 50% of the difference between his pre- and post-injury weekly wage.

3) Permanent Total Disability Benefits (PTD): The seriousness of the occupational illness or injury means that the employee cannot return to work in any capacity. He will permanently receive the benefits he received for TTD.

4) Permanent Partial Disability Benefits (PPD): Though the injured worker can do some kind of work, his injury will permanently impair his ability to return to his former job. The amounts to be paid under PPD are available here.

Maryland Workers’ Compensation Statutes

For full text of the relevant Maryland workers’ compensation statutes, refer to the most recent version of the Maryland Code.

Employers Subject To Workers’ Compensation: Labor and Employment Title 9, § 201; Covered Employees: Labor and Employment Title 9, § 202; Benefits: Labor and Employment Title 9, §§ 601–689; Claims Procedure: Labor and Employment Title 9, §§ 701–750.

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