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STATE REQUIREMENTS

When Maryland requires workers’ compensation

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In Maryland, workers' compensation is required from the first employee. Part-time employees count. Sole proprietors and partners are covered only by election. Sole proprietors, partners and LLC members may elect coverage; officers of a close corporation may exclude themselves by filing with the Commission. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Maryland rules with sources
TopicThe rule in MarylandSource
Who must carry itEvery employer with one or more employees must carry workers' compensation, with an exception for agricultural employers with fewer than three full-time employees and a small payroll.Md. Code, Lab. & Empl. § 9-402, § 9-1108; Maryland Workers' Compensation Commission — Employer information
Who counts as an employeePart-time employees count. Sole proprietors and partners are covered only by election.Maryland Workers' Compensation Commission — Employer information
Owners, officers and LLC membersSole proprietors, partners and LLC members may elect coverage; officers of a close corporation may exclude themselves by filing with the Commission.Md. Code, Lab. & Empl. § 9-402, § 9-1108
If you go withoutUninsured employers face fines, misdemeanor liability for officers, and personal liability for benefits.Maryland Workers' Compensation Commission — Employer information
StatuteTitle 9 of the Labor and Employment Article sets who is a covered employer and the penalties above.Md. Code, Lab. & Empl. § 9-402 (General Assembly)

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Maryland

Every employer with one or more employees must carry workers' compensation, with an exception for agricultural employers with fewer than three full-time employees and a small payroll.

Who counts as an employee

Part-time employees count. Sole proprietors and partners are covered only by election. The label on the paycheck does not settle it: Maryland applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors, partners and LLC members may elect coverage; officers of a close corporation may exclude themselves by filing with the Commission. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Uninsured employers face fines, misdemeanor liability for officers, and personal liability for benefits. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Maryland. When does the policy have to be in place?

Before the first shift if the threshold is met. Maryland requires coverage from the first employee, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Maryland?

The form you file does not decide it. Maryland applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Maryland?

Sole proprietors, partners and LLC members may elect coverage; officers of a close corporation may exclude themselves by filing with the Commission. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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