Maryland Workers' Compensation laws & safety compliance analysis

Maryland Workers' Compensation: What you need to know

Who Is Covered?

Under Maryland's workers' compensation law (MD Lab. and Empl. Code Sec. 9-201 et seq.), virtually all employees must be covered by workers' compensation insurance. Before an employer may be issued a permit or license to employ any individual, the employer must file with the issuing governmental unit:

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• A certificate of compliance with the workers' compensation laws; or

• The number of a workers' compensation insurance policy or binder.

The only exceptions to workers' compensation requirements are the following types of workers:

• Agricultural workers that are independent contractors, and supply their own tools and materials and whose employers do not withhold Social Security, unemployment insurance, or state or federal taxes from compensation paid to the worker

• Agricultural employers with fewer than three full-time employees or an annual payroll of less than $15,000 for full-time employees

• Seasonal or migratory laborers who are working within a 25-mile radius of their permanent homes and who do not operate machinery or equipment

• Tractor owners whose equipment is leased by motor carriers, who receive rental fees from the carriers, and who qualify as independent contractors under federal tax laws

• Domestic employees who earn less than $750 in a calendar quarter

• Maintenance workers who are employed for fewer than 30 consecutive workdays around private homes

• Students in unpaid positions that are part of their educational programs; however, unpaid handicapped students and student teachers are covered

• Real estate salespeople and brokers who work only for commissions

• Volunteer police, sheriffs, firefighters, rescue squads, civil defense members, and other volunteer workers are covered in most counties.

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