Key Workers’ Compensation Legislation from Maryland’s 2026 Session: What Employers and Insurers Should Know

May, 2026  | By Julie D. Murray and Sarah K. Davies

Maryland’s 2026 legislative session produced two notable changes to the state’s workers’ compensation landscape, continuing a broader trend toward expanded statutory protections for certain classes of employees. Two measures in particular merit attention from employers, insurers, and claims professionals: statewide legislation expanding presumptive benefits for firefighters with hypertension, and county‑specific legislation affecting workers’ compensation exposure for Carroll County employers.

 

Expansion of Presumptive Hypertension Claims for Firefighters (SB 90 / HB 347)
Effective October 1, 2026, Senate Bill 90 / House Bill 347 takes effect and expands the circumstances under which paid firefighters may qualify for the statutory presumption under Md. Code Ann., Lab. & Empl. § 9‑503 in workers’ compensation claims for hypertension. The legislation modifies the prior disablement requirement that an employee miss time from work in order to invoke the presumption for a limited class of workers, allowing eligible active‑duty firefighters to rely on qualifying medical treatment — specifically prescribed hypertension medication — in certain defined circumstances.

 

Under the revised statute, a paid firefighter who is: (1) actively employed in Maryland, (2) has at least two years of service, (3) receives a hypertension diagnosis from a qualified medical provider, and (4) has been prescribed hypertension medication for at least 90 consecutive days may qualify for a presumption that the condition is work‑related. The law expressly distinguishes between active and retired firefighters, with traditional disablement requirements continuing to apply after retirement. The bill also provides that firefighters may not be eligible to receive benefits under this section and under a disablement retirement for the same condition, unless permitted by a Collective Bargaining Agreement.

 

From a defense perspective, this change meaningfully lowers the threshold for compensability in active firefighter hypertension claims and is expected to increase claim frequency.

 

Carroll County Workers’ Compensation Legislation
The 2026 session also included county‑specific legislation affecting workers’ compensation exposure in Carroll County by expanding the class of employees entitled to enhanced “public safety” benefit rates under the Workers’ Compensation Act. Specifically, the legislation adds Carroll County Correctional Deputies to this protected class. While narrower in scope than the statewide firefighters bill, this change materially alters benefit levels for this category of workers and carries important implications for insurers and employers operating within Carroll County.

 

Looking Ahead
Taken together, these enactments illustrate a clear legislative trend toward expanding access to workers’ compensation benefits for public‑sector and first‑responder employees. Employers and Insurers should review internal protocols to ensure compliance with these changes and proactively assess how expanded presumptions may affect claim strategy, litigation risk, and long‑term exposure.