The Maryland Workers’ Compensation Act applies to all injuries that occur in Maryland except: (1) those injuries that occur on navigable waters; and (2) those injuries sustained by non-residents where the contract of employment was not entered into in Maryland and the injury occurred during intermittent or temporary work in Maryland. This exemption only applies if the non-resident employer has workers’ comp insurance that would cover the work-related injury that occurred in Maryland and the state has a reciprocal statute that would exempt a Maryland employer and employee from recovering in that state under similar circumstances. To determine whether the work performed in Maryland was intermittent or temporary, the Commission will look at various factors.
The Maryland Workers’ Compensation Act may also apply to injuries that occurred outside of Maryland if the employment contract was entered into in Maryland for work performed wholly outside of the United States. The Maryland Workers’ Compensation Act could also apply if the employment outside of Maryland is only causal, occasional, or incidental and the employee is regularly employed in Maryland.