New Maryland Workers’ Compensation Laws for 2026: What Employers Need to Know

The 2026 Maryland General Assembly session resulted in several noteworthy developments affecting workers’ compensation claims throughout the state. While many proposed changes did not ultimately become law, two significant workers’ compensation bills were approved and will take effect later this year on October 1, 2026.

New Law #1: Expanded Workers’ Compensation Coverage for Firefighters and EMTs with Hypertension

The most significant workers’ compensation legislation passed during the 2026 session was House Bill 347 (cross-filed as Senate Bill 90), which expands workers’ compensation protections for firefighters and certain emergency service personnel suffering from hypertension.

Effective October 1, 2026, a covered employee who develops hypertension will benefit from a stronger legal presumption that their condition is work-related and compensable under Maryland workers’ compensation law without having to show disablement.

Covered Employees:

The covered employees under § 9–503 are paid firefighters, paid firefighting instructors, paid rescue squad members, paid advanced life support personnel, and members of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State

Old Requirement:

Prior Maryland law required firefighters, EMTs and rescue workers diagnosed with hypertension to prove the condition resulted in disability or lost time from work before successfully pursuing a workers’ compensation claim.

What Changed?

The new law no longer requires the covered employees to prove their condition resulted in time lost from work. A covered employee as of October 1, 2026, will be presumed to be disabled under § 9–502 when the following conditions are met:

1.     Receive a diagnosis of hypertension from an authorized medical provider;

2.     Hypertension medication has been prescribed for at least 90 consecutive days;

3.     Have had at least two years of cumulative service within the State as a qualified employee; AND

4.     Be actively employed as a qualified employee at the time the claim is filed

By creating a presumption of both occupational disease and disability, the law makes it substantially easier for eligible public safety members to obtain workers’ compensation benefits for hypertension-related claims.

New Law #2: Carroll County Correctional Deputies

The Maryland 2026 legislative session also expanded the class of employees who are considered “public safety” for purposes of applying permanent partial disability benefits and presumptions to correctional deputies employed by Carroll County. The amended law was filed as Senate Bill 449 and cross-filed as House Bill 0878 and will take effect on October 1, 2026.

What changed?

Carroll County Correctional Deputy employees will now be considered public safety members under § 9-628. This expansion entitles these employees to a compensation rate for permanent partial disability benefits of greater than 75 weeks but less than 250 weeks for any awarded compensation that is less than 75 weeks.

Additionally, Carroll County Correctional Deputy employees will now be considered public safety members thereby including them in the presumption for hypertension or heart disease under § 9-503.

What Employers Should Know

For most Maryland employers, the practical impact of the 2026 legislative session will be relatively limited unless they employ firefighters, EMTs, paramedics, correctional officers, or other covered emergency personnel.

Public agencies and departments employing public safety members should review their workers’ compensation procedures, claims administration practices, and risk management policies before these laws go into effect on October 1, 2026. The expanded presumption may increase the number of compensable hypertension claims and shift more of the burden onto employers and insurers to rebut those claims. Updated policies may include a more detailed pre-employment physical with medical history, promotion of health education and awareness, and encouragement of a healthy workplace environment. 

Private-sector employers should continue monitoring future legislative sessions, as workers’ compensation reform remains an active topic in Annapolis.

If you have any questions regarding the new laws, please contact the attorneys with Tarpine, Heller & Pendergrass.

Abigail Taylor