Disclaimer: This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
Maryland Workers’ Comp Weekly Benefit Calculator: Exact Rates, Tables & AWW Formula (2026)
In Maryland, workers’ comp pays 66.67% of your average weekly wage (AWW), up to the current state maximum of approximately $1,402 per week (100% of Maryland’s State Average Weekly Wage). Your exact benefit depends on your AWW, calculated from the 14 weeks before your injury.
The Maryland Workers’ Compensation Commission (WCC) sets benefit caps annually, tied directly to the State Average Weekly Wage (SAWW). As of the most recently published WCC data, Maryland’s SAWW is $1,402/week, making the maximum weekly temporary total disability (TTD) benefit $1,402. Always verify the current figure at wcc.state.md.us before relying on any number, including mine.
From Shane: The Reality of Living on 66.67%
I remember the exact moment I did the math on my first benefit check. I had been making $980 a week. I expected around $653. What I got was $591 — because my employer’s HR department calculated my AWW using only my base hours, cutting out the overtime I’d worked consistently for months. That $62/week shortfall doesn’t sound like much until you multiply it by 26 weeks. That’s $1,612 I had to fight to recover.
Here’s the truth: 66.67% of your income feels like a lot less than one-third gone when your rent, car payment, and groceries haven’t dropped by a third. Before your first check arrives, build a bare-bones budget, contact your mortgage servicer about hardship forbearance, and get a workers’ comp attorney to audit the AWW your employer submits. The calculation is where injured workers most commonly get underpaid — and it’s the easiest thing for an insurer to quietly manipulate.
The Exact Maryland AWW Calculation Formula
Maryland Labor & Employment Article § 9-602 governs how Average Weekly Wage is calculated. The formula is:
AWW = Total gross wages earned in the 14 weeks before the injury date ÷ 14
This sounds simple. It is not.
What Maryland Law Requires to Be Included in AWW
| Income Type | Included in AWW? | Legal Basis |
|---|---|---|
| Base hourly wages | ✅ Yes | MD Lab. & Empl. § 9-602 |
| Overtime pay | ✅ Yes | WCC Administrative Decisions |
| Shift differentials | ✅ Yes | Included in “gross wages” |
| Tips (reported) | ✅ Yes | Included in gross earnings |
| Bonuses (regular/production) | ✅ Yes, if regular | WCC case precedent |
| Second job wages (concurrent) | ✅ Yes | MD Lab. & Empl. § 9-602(b) |
| One-time discretionary bonuses | ⚠️ Disputed | Fact-specific; argue for inclusion |
| Severance / PTO payout | ❌ No | Not earned wages for injury period |
| Employer health insurance value | ❌ No | Not wages under the statute |
The 14-Week Rule in Practice
Maryland uses a 14-week lookback — not the common 52-week average used in many other states. This matters enormously if your income fluctuates. If you were working heavy overtime for 14 weeks before your injury, your AWW — and therefore your weekly benefit — will be higher than a worker who averaged the same income over a full year. The reverse is also true: a slow season before a busy one can lower your calculated AWW unfairly.
If you worked fewer than 14 weeks at your employer, Maryland law allows the Commission to calculate a “comparable employee’s” wage rate, or use the rate you would have reasonably earned. Raise this with your attorney immediately if you were a new hire.
Pre-Calculated Maryland Workers’ Comp Benefit Table (2026)
This table calculates your estimated weekly workers’ comp benefit at 66.67% of your AWW. Benefits are capped at Maryland’s maximum SAWW of $1,402/week. Workers earning an AWW above approximately $2,103/week receive the flat maximum.
| Average Weekly Wage (AWW) | Weekly Benefit (66.67%) | Capped? |
|---|---|---|
| $300 | $200 | No |
| $400 | $267 | No |
| $500 | $333 | No |
| $600 | $400 | No |
| $700 | $467 | No |
| $800 | $533 | No |
| $900 | $600 | No |
| $1,000 | $667 | No |
| $1,100 | $733 | No |
| $1,200 | $800 | No |
| $1,300 | $867 | No |
| $1,400 | $933 | No |
| $1,500 | $1,000 | No |
| $1,600 | $1,067 | No |
| $1,700 | $1,133 | No |
| $1,800 | $1,200 | No |
| $1,900 | $1,267 | No |
| $2,000 | $1,333 | No |
| $2,100 | $1,400 | No |
| $2,103+ | $1,402 | ✅ Capped at Maximum |
| $2,200 | $1,402 | ✅ Capped |
| $2,300 | $1,402 | ✅ Capped |
| $2,400 | $1,402 | ✅ Capped |
| $2,500 | $1,402 | ✅ Capped |
| $2,600 | $1,402 | ✅ Capped |
| $2,700 | $1,402 | ✅ Capped |
| $2,800 | $1,402 | ✅ Capped |
| $2,900 | $1,402 | ✅ Capped |
| $3,000 | $1,402 | ✅ Capped |
Benefits rounded to nearest dollar. Verify the current SAWW cap at wcc.state.md.us before filing.
What the Law Says vs. What Actually Happens
This is the section most workers’ comp blogs skip. I’m not going to skip it.
How Employers Miscalculate Your AWW to Underpay You
Tactic #1: Stripping Overtime From the Calculation
The most common manipulation. An employer’s HR or their insurer submits your AWW using only base wages, arguing overtime was “not guaranteed.” Maryland law does not require overtime to be guaranteed to be included — it requires it to be earned during the 14-week lookback period. Get your pay stubs for those 14 weeks and verify the insurer’s AWW submission dollar-for-dollar.
Tactic #2: Using Fewer Than 14 Weeks
If you had any unpaid days off (vacation, illness) in those 14 weeks, some insurers will try to divide by a lower number of “actual working weeks” or use the reduced period to lower the average. The statute says 14 weeks. It means 14 calendar weeks.
Tactic #3: Ignoring the Second Job
Maryland § 9-602(b) explicitly states that wages from a concurrent employer are included in AWW when the work injury results in disability from both jobs. Insurers routinely fail to ask about secondary employment. If you had a second job at the time of injury, document it and report it.
How to Catch It:
Request a copy of the employer’s First Report of Injury (FROI) and the wage statement submitted to the WCC. Compare it line-by-line to your pay stubs for the 14 weeks before your injury date. If the numbers don’t match, file a dispute with the WCC and consult an attorney.
Real Case Example: Fluctuating Hours and Overtime
Worker Profile: Marcus, warehouse dock supervisor, Baltimore County. Injured his back on a Tuesday in week 15 of a high-volume season. His hours fluctuated significantly.
His 14-Week Pay History:
| Week | Base Pay | Overtime | Total |
|---|---|---|---|
| 1 | $720 | $0 | $720 |
| 2 | $720 | $180 | $900 |
| 3 | $720 | $270 | $990 |
| 4 | $720 | $270 | $990 |
| 5 | $720 | $360 | $1,080 |
| 6 | $720 | $360 | $1,080 |
| 7 | $720 | $0 | $720 |
| 8 | $720 | $180 | $900 |
| 9 | $720 | $270 | $990 |
| 10 | $720 | $360 | $1,080 |
| 11 | $720 | $360 | $1,080 |
| 12 | $720 | $270 | $990 |
| 13 | $720 | $270 | $990 |
| 14 | $720 | $360 | $1,080 |
| Total | $10,080 | $3,510 | $13,590 |
Correct AWW: $13,590 ÷ 14 = $970.71
Correct Weekly Benefit: $970.71 × 66.67% = $647.12/week
What the Insurer Submitted: AWW of $720 (base wages only), yielding a benefit of $480/week.
The Difference: $647.12 − $480.00 = $167.12/week underpayment
Over a 20-week disability period, that is $3,342.40 Marcus would have lost had he not caught the discrepancy and filed a wage dispute with the WCC.
Frequently Asked Questions
Q: How long does Maryland workers’ comp pay temporary total disability (TTD) benefits?
A: Maryland does not set a fixed maximum number of weeks for TTD benefits by statute — benefits continue as long as you remain totally disabled and your physician certifies the disability. However, the WCC requires periodic medical updates, and insurers will aggressively pursue Independent Medical Examinations (IMEs) to challenge your continued disability status. In practice, most TTD claims resolve or transition to permanent partial disability (PPD) within 2–3 years. The critical distinction is between TTD (you cannot work at all) and temporary partial disability (TPD), where you can work in a reduced capacity. TPD pays 50% of the difference between your pre-injury AWW and your current reduced earning capacity. If your doctor releases you to light duty and your employer offers a position, refusing without medical justification can terminate your benefits. Document every job offer in writing and have your attorney review it before you respond.
Q: Are Maryland workers’ comp benefits taxable?
A: No. Under 26 U.S.C. § 104(a)(1) of the federal tax code, workers’ compensation benefits received under a state workers’ comp statute are excluded from gross income and are not subject to federal income tax. Maryland follows this exclusion for state income tax purposes as well. You do not need to report your weekly TTD or TPD benefits on either your federal Form 1040 or your Maryland Form 502. Important exception: if you are receiving both Social Security Disability Insurance (SSDI) and workers’ comp simultaneously, a “reverse offset” may apply under Maryland law, reducing your workers’ comp benefit when combined payments exceed 80% of your pre-injury AWW. This offset is calculated by your insurer and must be disclosed to you in writing. Have an attorney review any offset calculation — they are frequently computed in the insurer’s favor.
Q: What if my employer says I was an independent contractor?
A: This is one of the most litigated issues in Maryland workers’ comp. Maryland applies a “right to control” test, not how the employer labels your relationship. The WCC examines factors including: whether the employer controlled how you performed work (not just the result), whether you used the employer’s equipment, whether you worked exclusively for them, and whether you set your own hours. Under Maryland Labor & Employment § 9-202, misclassification is common in construction, gig work, delivery, and landscaping sectors. If you were classified as a contractor but the employer directed your work, provided your tools, set your schedule, and you worked primarily for them, you may have a strong misclassification claim. File for workers’ comp regardless of your classification. The WCC will make an independent determination. A misclassification finding can also trigger employer penalties under Maryland law.
Q: What is the waiting period before Maryland workers’ comp benefits begin?
A: Maryland has a 3-day waiting period under MD Lab. & Empl. § 9-625. You must be disabled and off work for at least 3 calendar days before benefits begin. Those first 3 days are not paid unless your disability extends beyond 14 calendar days — at which point the insurer must retroactively pay benefits from day one. In practical terms: if you are out 10 days, you receive 7 days
More Maryland Workers Comp Resources
See Also
- Maryland Workers’ Compensation: The Definitive Guide (2026)
- Maryland Workers’ Comp for Electricians: Your Complete 2026 Guide
- Maryland Workers’ Comp for Security Guards: The Complete 2026 Guide
- Maryland Workers’ Comp for Home Health Aides: The Complete 2025\u20132026 Guide
- How Long Can You Receive Workers’ Comp Benefits in Maryland? (Complete 2024 Guide)
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