If you've filed a workers' compensation claim in Maryland, you've probably heard your case referenced by a rule number, "under 14.09.03" or "per the Commission's regs," and had no idea what that meant. Those numbers point to COMAR Title 14, Subtitle 09: the Code of Maryland Regulations chapters that tell the Maryland Workers' Compensation Commission (WCC) exactly how to run your case. They're different from the underlying law (Md. Code, Labor & Employment, Title 9), which says what benefits you're owed. COMAR 14.09 says how you get there: how claims are filed, how hearings work, how medical bills get paid, and how appeals are handled.
Understanding these rules matters because deadlines and procedure decide cases just as often as the medical facts do. This guide walks through every claimant-facing chapter of COMAR 14.09 (the employer- and insurer-administration chapters, 14.09.12-16, are outside this guide's scope) in plain English, explains why each one matters to your claim, and flags the mistakes we see most often. Portner & Shure has represented injured workers across Maryland and Virginia for decades, and we built this page as the reference we wish every client had on day one.
| Your situation | Rule to know | Jump to |
|---|---|---|
| I need to file a claim for the first time | 14.09.02: filing requirements, C-1 form | Section |
| My employer/insurer hasn't paid or contested my claim | Md. Code L&E § 9-713 penalty rule | Section |
| I got a hearing notice and don't know what to expect | 14.09.03: hearing procedures | Section |
| I'm being asked to sign a settlement | 14.09.10: settlements and lump sums | Section |
| My employer had no workers' comp insurance | 14.09.05: Uninsured Employers' Fund | Section |
| My benefits were cut off | 14.09.06: termination of benefits | Section |
| My doctor's bill wasn't paid in full | 14.09.08: medical fee guide | Section |
| I disagree with the Commission's decision | 14.09.11: appeals to circuit court | Section |
| I can't return to my old job | 14.09.07: vocational rehabilitation | Section |
| I want to know how much my lawyer can charge | 14.09.04: attorney's fees | Section |
The Maryland Workers' Compensation Commission is an independent state agency, and under Md. Code, Labor & Employment § 9-701, it's required to adopt regulations governing how it runs claims. Those regulations are COMAR Title 14, Subtitle 09, split into 16 numbered chapters (14.09.01 through 14.09.16), each covering one piece of the process: filing, hearings, fees, medical billing, settlements, appeals, and more.
The distinction that trips people up: Title 9 of the Labor & Employment Article is the law: it defines what counts as a compensable injury and what benefits you can receive. COMAR 14.09 is the rulebook the Commission uses to apply that law to your case. Miss a procedural deadline here and it won't matter how strong your medical case is. You can lose on a technicality alone.
Source: COMAR 14.09 chapter index, Code of Maryland Regulations.
What it covers: The Commission's basic operating rules: required forms, how to serve papers on the other side, how and when to file documents with the Commission (including the CompHub electronic filing platform), business hours, when the Commission will waive strict compliance with a rule, fraud referrals, and an employer's duty to post notices about workers' comp rights in the workplace.
Why it matters to your claim: This chapter sets the mechanical rules (like proper service of documents) that everything else depends on. If a form isn't served the right way or filed through the right channel, it may not count, even if you sent it on time.
Common mistake: Assuming an email or a phone call to the adjuster satisfies a filing or service requirement. The Commission generally requires filings through CompHub or by the specific method the rule requires, not informal contact.
Citation: COMAR 14.09.01, General Administrative.
What it covers: The requirements for filing your Employee Claim Form (Form C-1) and amending a claim afterward, including adding parties like the Subsequent Injury Fund or the Uninsured Employers' Fund, death and funeral benefit claims, foreign-language documents, and notice requirements to the employer and insurer once a claim is filed.
Why it matters to your claim: This is the chapter that starts your case. Maryland courts have held that electronically submitting a claim through CompHub is not the same as the claim being officially "filed": the Commission's own processing of that submission is what completes the filing (COMAR 14.09.02.02A). If your submission sits unprocessed and your two-year statute of limitations runs out in the meantime, you can lose your claim even though you thought you'd filed on time.
Common mistake: Submitting a C-1 online at the last minute and assuming that stops the clock. File well before your deadline, not on it.
Citation: COMAR 14.09.02, Requirements for Filing and Amending Claims; statute of limitations at Md. Code, Labor & Employment § 9-709.
What it covers: How to file and withdraw "issues" (the specific disputes you want the Commission to decide), hearing notices, interpreter and accommodation requests, subpoenas, average weekly wage disputes, disclosure of medical information, independent medical exams, hearing exhibits and witness rules, what happens if you don't show up, emergency hearing requests, continuances, motions for modification, and motions for rehearing.
Why it matters to your claim: Everything the Commission decides at a hearing starts with the "issues" you or the other side filed. If you don't formally raise an issue (say, whether a specific medical bill is related to your injury), the Commissioner generally won't rule on it, even if you talked about it in your testimony.
Common mistake: Not requesting an interpreter far enough in advance, or missing the deadline to request a continuance, which can force you to go forward without a key witness or document.
Citation: COMAR 14.09.03, Hearing Procedures.
What it covers: Who may represent you before the Commission, how attorney fees must be submitted for approval, and the fee schedule itself. Maryland caps workers' comp attorney fees and requires the Commission to approve them before they're paid: your attorney doesn't just set a rate and collect it. Fees are generally tied to a percentage of the compensation obtained, with different tiers depending on whether the case involves permanent partial disability, permanent total disability, a settlement, temporary benefits, or an appeal, and an overall cap referenced to the state average weekly wage.
Why it matters to your claim: You should never be surprised by what your attorney is paid: the Commission reviews and approves the fee, and it comes out of your award or settlement, not as a separate bill to you out of pocket. Portner & Shure handles Maryland workers' compensation claims on a contingency-fee basis, with fees set and approved by the Commission under COMAR 14.09.04, explained fully at your free consultation, and any fee is subject to Commission approval either way.
Common mistake: Signing a fee agreement without understanding that the Commission, not the attorney, has final say on what fee is reasonable.
Citation: COMAR 14.09.04, Legal Representation and Fees, specifically 14.09.04.03, Schedule of Attorney's Fees (current schedule adopted effective April 3, 2023).
What it covers: The procedure for pursuing a claim against Maryland's Uninsured Employers' Fund (UEF) when your employer was legally required to carry workers' comp insurance but didn't.
Why it matters to your claim: If your employer had no coverage, you're not out of luck: Maryland created the UEF as a backstop. But claims against the UEF go through additional procedural steps beyond a standard claim, including notice and proof requirements specific to this chapter.
Common mistake: Assuming that no insurance means no recovery, and not pursuing the claim at all.
Citation: COMAR 14.09.05, Uninsured Employers' Fund Claims, including 14.09.05.01 (Notification and Response of Uninsured Employer and Claimant), 14.09.05.03 (Review of Uncontested Claims), and 14.09.05.07 (Notification and Response of Impleaded Employer or Insurer).
What it covers: Rules for payment before a claim is even filed, how medical expense claims and required notices work (with penalties for noncompliance), payment of Commission assessments, and, importantly, the process for terminating temporary total disability and medical benefits.
Why it matters to your claim: This chapter is where the money rules live. Maryland law also backs it with real teeth: under Md. Code, Labor & Employment § 9-713, if your employer or insurer doesn't start paying you or formally contest your claim within 21 days of notice, the Commission can fine them up to 20% of the payment; if they wait past 30 days, that fine can rise to 40%, payable to you. A related rule, § 9-728, imposes similar 20%/40% escalating fines if an employer or insurer is late paying an actual award.
Common mistake: Not tracking how long it's been since your claim was filed or your award issued. If your check is late, that delay may entitle you to a penalty payment on top of what you're owed, but the Commission generally won't catch it for you.
Citation: COMAR 14.09.06, Payment of Awards and Assessments and Termination of Benefits; penalty statutes at Md. Code, Labor & Employment § 9-713 and § 9-728.
What it covers: Registration and standards for vocational rehabilitation counselors and evaluators, how a practitioner gets selected for your case, assessment and reporting requirements, how rehabilitation plans and services are structured, and what happens when there's a dispute or a plan isn't followed.
Why it matters to your claim: If your injury prevents you from returning to your old job, vocational rehabilitation can help fund retraining or a job search. This chapter controls who evaluates you, what the plan has to include, and what happens if you or the insurer disagree with the plan.
Common mistake: Not engaging with the vocational rehabilitation process once it starts. Noncompliance can affect ongoing wage-loss benefits.
Citation: COMAR 14.09.07, Vocational Rehabilitation.
What it covers: How the Commission calculates the maximum amount a medical provider can be reimbursed for treating a work injury, what happens when no set fee exists for a procedure, coding guidance, reimbursement procedures, medical records handling, and deposition witness fees for treating doctors.
Why it matters to your claim: This is the fee schedule that governs what your doctor, hospital, or physical therapist can actually be paid by the workers' comp insurer, and it's a common source of billing disputes. If a provider says you owe a balance on a work-injury bill, that's often a sign the insurer underpaid against this fee guide, not that you personally owe money.
Common mistake: Paying a medical bill related to your work injury out of pocket instead of flagging it as a fee-guide dispute between the provider and the insurer.
Citation: COMAR 14.09.08, Guide of Medical and Surgical Fees.
What it covers: The standards and methodology the Commission uses to evaluate permanent impairment once your condition stabilizes, filing procedures for permanent disability claims, and how stipulations between the parties on permanent disability are handled.
Why it matters to your claim: Your permanent partial or permanent total disability rating drives a large share of your total compensation. The methodology used to reach that percentage (and whose exam it's based on) is governed by this chapter.
Common mistake: Relying only on your own doctor's impairment rating without understanding that the insurer will typically obtain its own independent medical exam, and the Commission weighs both under this chapter's framework.
Citation: COMAR 14.09.09, Guide for Evaluation of Permanent Disability. 14.09.09.01 incorporates the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition (1993), by reference.
What it covers: Procedures for one-time lump-sum payments, the process for reaching a binding Agreement for Final Compromise and Settlement, and how assessments apply to third-party liability cases and structured settlements.
Why it matters to your claim: A settlement in Maryland workers' comp is a formal, Commission-reviewed agreement, not a private deal between you and the insurance company. Once approved, it generally closes out your right to reopen the claim later, which is why the terms matter enormously.
Common mistake: Treating a proposed settlement number as final before understanding what rights (future medical treatment, reopening for a worsened condition) you'd be giving up.
Citation: COMAR 14.09.10, Settlements and Lump Sum Payments.
What it covers: How to petition for judicial review of a Commission decision, obtaining the hearing transcript, circuit court proceedings, appellate proceedings beyond the circuit court, and how a supplemental Commission order is treated if it's issued while an appeal is already pending.
Why it matters to your claim: If you disagree with a Commission decision, Maryland law gives you the right to appeal to the circuit court, but the deadline is short and strict. Under Md. Code, Labor & Employment § 9-737, a petition for judicial review must be filed within 30 days of the date the Commission's order was mailed, not the date you received it or the date of your hearing. Circuit court review is essentially a fresh trial, with a presumption in favor of the Commission's decision that the appealing party has to overcome.
Common mistake: Counting the 30 days from when the order arrived in the mail instead of the mailing date printed on the order itself, and missing the deadline as a result.
Citation: COMAR 14.09.11, Judicial Review Procedures; Md. Code, Labor & Employment § 9-737.
Maryland WCC hearings are less formal than a courtroom trial but still follow strict procedural rules under COMAR 14.09.03.
Getting hurt at work in Maryland doesn't mean you can see any doctor you want on the insurer's dime with no rules attached, and it doesn't mean the insurer can pay providers whatever it wants either.
How long do I have to file a workers' comp claim in Maryland?
Generally two years from the date of your accidental injury under Md. Code, Labor & Employment § 9-709. Occupational disease and death benefit claims run on different timelines, and the clock can be affected if your employer failed to report the injury. Don't wait: file as soon as you're able.
What is COMAR 14.09?
It's the set of Code of Maryland Regulations chapters (14.09.01 through 14.09.16) that the Maryland Workers' Compensation Commission uses to run claims procedurally: filing, hearings, fees, medical billing, settlements, and appeals. The underlying benefits law is separate, found in Md. Code, Labor & Employment, Title 9.
How long does my employer have to pay or contest my claim?
Under Md. Code, Labor & Employment § 9-713, an employer or insurer generally has 21 days from notice of your filed claim to begin paying benefits or file an issue contesting it before risking a fine of up to 20%, escalating to up to 40% if the delay reaches 30 days.
How do I file a C-1 claim form in Maryland?
Through the Commission's CompHub online portal, or by another method permitted under COMAR 14.09.01 and 14.09.02. Forms are free and available on the WCC's forms page.
How much can a workers' comp attorney charge in Maryland?
Fees must be approved by the Commission and are generally calculated as a percentage of your award or settlement under a tiered schedule in COMAR 14.09.04.03, subject to an overall cap tied to the state average weekly wage. Portner & Shure handles Maryland workers' compensation claims on a contingency-fee basis, with fees set and approved by the Commission under COMAR 14.09.04, explained fully at your free consultation, and any fee is still subject to Commission review.
How do I appeal a Maryland Workers' Compensation Commission decision?
File a petition for judicial review in circuit court within 30 days of the date the Commission's order was mailed, under Md. Code, Labor & Employment § 9-737 and COMAR 14.09.11. The deadline runs from the mailing date on the order, not the date you received it.
Workers' compensation procedure in Maryland is unforgiving of missed deadlines and unfiled paperwork, exactly the kind of detail that's easy to get wrong without help. If you've been hurt on the job in Maryland, Portner & Shure can walk you through what applies to your situation and what to expect at each step, from filing your C-1 through a hearing or settlement.
We offer a free consultation and handle Maryland workers' compensation claims on a contingency-fee basis, with fees set and approved by the Commission under COMAR 14.09.04. Every case is different, and nothing here guarantees a particular outcome; it's meant to help you understand the process, not replace advice about your specific claim.
Call Portner & Shure today at (410) 995-1515, or fill out our online contact form, to talk through your Maryland workers’ compensation claim — the consultation is free.
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