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What Types of Employees Qualify for Maryland Workers’ Compensation Benefits?


Under Maryland law, workers’ compensation benefits are limited to situations where a person suffered an accidental personal injury or occupational disease arising out of and in the course of employment. But only workers who qualify as covered employees can get access to workers’ compensation benefits. Conversely, other employees are not covered and, thus, ineligible for workers’ compensation benefits.

Covered Employees Who Qualify for Maryland Workers’ Compensation

Only covered employees are allowed to receive workers’ compensation benefits under Maryland law. The Maryland Code of Labor and Employment includes the following categories in the definition of a covered employee:

  • Individuals with an express or implied employment contract under Section 9-202;
  • Corporate and limited liability company officers under Section 9-206;
  • Department of Natural Resources crew members and fire fighters under Section 9-207;
  • Newspaper distributors and sellers under Section 9-208;
  • Domestic servants under Section 9-209;
  • Migrant farm workers under Section 9-210;
  • Helpers under Section 9-211;
  • Jockeys under Section 9-212;
  • Jurors under Section 9-213;
  • Militia members under Section 9-215;
  • Miners under Section 9-216;
  • Officials of a political subdivision under Section 9-217;
  • Police officers under Section 9-220;
  • Working prisoners under Section 9-221;
  • Recipients of public assistance under Section 9-224;
  • School aides under Section 9-226;
  • Working students under Section 9-228;
  • Individuals in training or apprenticeship under Section 9-229;
  • Vanpool or rideshare drivers under Section 9-230; and
  • Volunteer firefighters or rescue workers, in certain cases, under Section 9-234.

Ineligible Employees for Maryland Workers’ Compensation

On the other hand, Maryland state law precludes certain employees from qualifying for workers’ compensation benefits. The Maryland Code of Labor and Employment lists the following job categories as not covered and, thus, ineligible for workers’ compensation benefits:

  • Independent contractors under Section 9-202;
  • Casual employees under Section 9-205;
  • Independent farm workers under Section 9-210;
  • Maintenance workers and remodelers under Section 9-214;
  • Owner-operators of Class F (tractor) vehicles under Section 9-218;
  • Partners in a partnership under Section 9-219;
  • Real estate salespeople and associate real estate brokers under Section 9-222;
  • Recipients under federal law under Section 9-223;
  • Residents of medical facilities under Section 9-225;
  • Sole proprietors under Section 9-227;
  • Vanpool or ride-sharing passengers under Section 9-230;
  • Volunteer firefighters and rescue workers, in certain cases, under Section 9-234; and
  • Charitable and religious workers under Section 9-235.

In certain circumstances, however, Section 9-204 does allow an otherwise ineligible employee to become a covered employee. To accomplish this feat, the employee and their employer must file a joint request with the Maryland Workers’ Compensation Commission.

Do You Need Legal Help?

If you have legal questions about workers’ compensation benefits in Maryland, it can be highly valuable to speak with a dependable workers’ compensation attorney. The attorneys at Iamele & Iamele, LLP in Baltimore, Maryland, fight on behalf of injured employees to help secure workers’ compensation benefits. If you need legal help, contact us today for a free initial consultation.


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