Hiring a Workers' Compensation Lawyer in Maryland
The limits on workers' comp lawyer fees in Maryland, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Maryland: fee rules
| If a lawyer takes your money | The Client Protection Fund of the Bar of Maryland, created in 1965 and supported by practicing attorneys, reimburses clients who lose money through misappropriation by Maryland lawyers (or out-of-state lawyers authorized to practice in Maryland) acting as attorneys or fiduciaries, except to the extent the loss is bonded; malpractice is not covered. Reimbursement for one claim, or all claims against the same attorney, cannot exceed 5% of the Fund's net balance. Claims must be filed within six months after the claimant discovers the theft (the Trustees may accept late claims). Filing is free, and a lawyer who helps may not charge a fee. Fund home: https://www.mdcourts.gov/cpf ; governing rules: Md. Rules 19-601 to 19-610 |
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Maryland rules to know first
| Lawyer fee limits | No attorney fee may be charged or collected unless approved by the Workers' Compensation Commission, and an approved fee is a lien on the award. The Commission's fee schedule caps fees for permanent partial disability at 20% of the first $50,000, 15% of the next $50,000 and 5% above $100,000, with a total cap of 60 times the State average weekly wage (the same formula applies to settlements). Permanent total disability fees are generally capped at 25 times the State average weekly wage. No fee is generally allowed on temporary disability benefits except in contested cases (up to 10% of accrued compensation). Medical payments are excluded. The Commission may order refund of an excessive fee. Statute: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-731&enactments=false |
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| Deadline to file a claim | For an accidental injury, the worker must file a claim application form (Employee Claim, Form C-1) with the Commission within 60 days after the injury. The Commission may excuse a late filing if the employer or insurer was not prejudiced or for another sufficient reason, but a claim not filed within 2 years after the injury is completely barred. For an occupational disease, the claim must be filed within 2 years (3 years for pulmonary dust disease) after disablement or death, or after the worker or dependents first actually knew the disablement was caused by the employment. |
| Deadline to challenge a denial | A worker must file a claim application with the Workers' Compensation Commission within 60 days after an accidental injury; the Commission may excuse late filing, but a claim not filed within 2 years is completely barred. A party aggrieved by a Commission decision may appeal by filing a petition for judicial review in circuit court within 30 days after the date the Commission's order was mailed, and must send copies to the Commission and the other parties. §9-709: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-709&enactments=false . The procedure for requesting a Commission hearing on contested issues (COMAR 14.09) was not read for this field. |
| Can you sue your employer? | An employer's liability under Maryland's workers' compensation law is exclusive, and compensation replaces any right of action against any person, except as the law provides. Exceptions: if the employer failed to secure compensation, the worker (or personal representative) may claim compensation or sue for damages; and if the worker was injured or killed by the employer's deliberate intent to injure or kill, the worker or the surviving spouse, child or dependent may claim compensation or sue the employer for damages. Source: Md. Code, Lab. & Empl. §9-509 |
| Suing someone other than your employer | When someone other than the employer is liable, the worker may file a compensation claim or sue that person. If compensation is paid, the insurer, self-insured employer, Subsequent Injury Fund or Uninsured Employers' Fund may sue the third party; if it does not sue within 2 months after the Commission's award, the worker may, and the worker's limitations period against the third party does not start until 2 months after the first award. From a worker's recovery, the worker first deducts costs and expenses, then reimburses compensation and medical and other benefits paid, and keeps the balance. §9-901: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-901&enactments=false |
| Filing a claim online | Injured workers file an Employee Claim Form C-1 with the Maryland Workers' Compensation Commission, online through the Commission's CompHub or on paper; the Commission says a completed claim takes about 2 business days to process. Employers file the Employer's First Report of Injury online through the Commission's web forms. The Commission gives general information but not legal advice: General Information / automated claim information line (410) 864-5100; 10 East Baltimore St., Baltimore, MD 21202, Monday-Friday 8:00 a.m.-4:30 p.m. Parties have 30 days from the mailing of an order to appeal. File a C-1 online: https://comphub.wcc.state.md.us/web/claim/fileclaim |
Find and check a lawyer
| Lawyer referral service | The Maryland State Bar Association does not make referrals itself; it says "Your county's bar association can help you find a lawyer in your area" and lists county bar numbers, including Anne Arundel (410) 222-6859, Baltimore City (410) 539-3112, Baltimore County, Carroll and Frederick (410) 337-9100, Harford (410) 836-0123, Howard (410) 313-3853, Montgomery (301) 279-9100, and Prince George's and Charles (301) 952-1440. Fees are set by each county service. |
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| Check that the lawyer is licensed | The Maryland Judiciary's attorney listing, drawn from its Attorney Information System, lets you search by last name (partial names allowed) and first name, with a similar-names option. An attorney listed as active is in good standing and authorized to practice; other listings may show inactive or retired attorneys, judges, or attorneys with disciplinary or administrative actions affecting eligibility. Questions: Supreme Court of Maryland Clerk's Office, 410-260-1500. |
| Check discipline history or file a complaint | Complaints about Maryland lawyers go to the Attorney Grievance Commission's Office of Bar Counsel, which investigates and prosecutes violations of the Rules of Professional Conduct. Read the instructions, complete and print the Attorney Complaint Form (English or Spanish), and mail it to the Office of Bar Counsel, 200 Harry S. Truman Parkway, Suite 300, Annapolis, MD 21401. Questions: (410) 514-7051 (staff cannot discuss complaint details by phone). Public sanctions and actions affecting licensure are posted on the Commission's website. Sanctions: https://www.mdcourts.gov/attygrievance/sanctions |
Free legal help
| Free legal aid | The Maryland Court Help Center, run by the Maryland Judiciary, offers "Free legal help with your civil matter" by phone at 410-260-1392, Monday-Friday 8:30 a.m.-8 p.m. Maryland Legal Aid, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Marylanders. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Maryland · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.