Maryland workers' comp 101
As an employer in Maryland, you need to know the specific workers’ compensation insurance laws that will affect your small business. Here are the basics to help you get started.
10 facts about workers’ compensation in Maryland
- The Maryland General Assembly enacted the state’s Workers’ Compensation Act in 1914 to “provide relief to the increasing number of workers in a rapidly expanding industrial society” (MD Comp Law).
- The Maryland Workers’ Compensation Commission is aided in its duties by the Advisory Committee on the Registration of Rehabilitation Practitioners and the Medical Fee Guide Revision Committee.
- Maryland defines an accidental personal injury as:
-An accidental injury that arises out of and in the course of employment;
-An injury caused by a willful or negligent act of a third person directed against a covered employee in the course of employee’s employment; OR
-A disease or infection that naturally results from an accidental injury that arises out of and in the course of employment, including an occupational disease, or frostbite or sunstroke caused by a weather condition.
- Not every accident or illness that occurs on the job in the state is eligible for compensation. Employees are eligible for compensation in Maryland when their injury “arises out of and in the course of employment.” This means that the injury has to:
-Occur because of conditions required by the employer for doing the job, and
-When the employee is doing the job
- After suffering a compensable injury or illness, an injured worker in Maryland may choose their own medical provider. However, if they can’t find a medical provider in their area willing to provide treatment, they may contact their employer or employer’s insurer for a referral.
- Nearly 24,000 workers’ comp claims were filed in Maryland in Fiscal Year 2019.
- In Fiscal Year 2019, claims from police and security officers accounted for the highest percentage of claims (8.7%).
- In Fiscal Year 2019, 600 penalty orders—approximately $4.4 million in fees—were issued to Maryland employers operating without workers’ comp insurance.*
- In Fiscal Year 2020, there were 44 fatal work injuries in Maryland.*
- To learn more about self-insurance in Maryland, contact the Insurance Compliance & Reporting Division at (410) 864-5298 or wccinsur[at]wcc.state.md.us.
Remember, every situation is different and state workers’ compensation laws are subject to change, so be sure to do your research and speak with a trusted advisor.
Thanks for reading! Please note that this content is intended for educational purposes only. As laws change regularly, you should refer to your state legislation and/or an advisor for specific legal counsel. If you’re a small business owner, learn more about workers’ compensation insurance or check your current rate in 3 minutes.