This title applies to the following employers: each person who has at least 1 covered employee; and each governmental unit or quasi-public corporation that has at least 1 covered employee.

An individual, including a minor, is presumed to be a covered employee while in the service of an employer under an express or implied contract of apprenticeship or hire. A minor may be a covered employee under this section even if the minor is employed unlawfully. To overcome the presumption of covered employment, an employer shall establish that the individual performing services is an independent contractor in accordance with the common law or is specifically exempted from covered employment under this subtitle.

Except as otherwise expressly provided, an individual is a covered employee while working for the employer of the individual: in this State; outside of this State on a casual, incidental, or occasional basis if the employer regularly employs the individual within this State; or wholly outside the United States under a contract of employment made in this State for the work to be done wholly outside of the United States. An individual is not a covered employee while working in this State for an employer only intermittently or temporarily if: the individual and employer make a contract of hire in another state; neither the individual nor the employer is a resident of this State; the employer has provided workers’ compensation insurance coverage under a workers’ compensation or similar law of another state to cover the individual while working in this State; the other state recognizes the extraterritorial provisions of this title; and the other state similarly exempts covered employees and their employers from its law. If an individual is exempted from coverage under this subsection and injured in this State while working for the employer of the individual, the sole remedy of the individual is the workers’ compensation or similar law of the state on which the exemption is based. A certificate from an authorized officer of the workers’ compensation commission or similar unit of another state certifying that the employer is insured in that state and has provided extraterritorial insurance coverage for the employees of the employer while working within this State is prima facie evidence that the employer carries that compensation insurance. Except as otherwise expressly provided, an individual who is employed wholly outside of this State is not a covered employee.

Except as provided in subsection (b) of this section, with the approval of the Commission, an individual who otherwise would not be a covered employee and the employer of the individual may elect to make the individual a covered employee by filing a joint election with the Commission. The right to make an election under this subsection for an individual may be exercised by: an individual who is at least 16 years old; or a parent or guardian of an individual who is less than 16 years old. An individual who is not a covered employee due to § 9-223(c) of this subtitle and the employer of the individual may not make an election under this section if prohibited by federal law.

A casual employee is not a covered employee.

Subject to subsection (b) of this section, an officer of a corporation or a member of a limited liability company is a covered employee if the officer or member provides a service for the corporation or limited liability company for monetary compensation. An individual who otherwise would be a covered employee under this section may elect to be exempt from coverage if: the individual: is an officer of a close corporation, as defined in § 4–101(b) of the Corporations and Associations Article; or is an officer of a close corporation, as defined under the laws of the jurisdiction in which the corporation is incorporated; subject to subsection (c)(3) of this section, the individual is an officer of a corporation, other than a close corporation; the individual: is an officer of a corporation that earns at least 75% of its income from farm operations; and owns at least 20% of the outstanding capital stock of the corporation; the individual: is an officer of a professional corporation, as defined in § 5–101(c) or (f) of the Corporations and Associations Article; owns at least 20% of the outstanding capital stock of the corporation; and performs for the corporation a professional service, as defined in § 5–101(g) of the Corporations and Associations Article; or the individual: is a member of a limited liability company, as defined in § 4A–101(k) of the Corporations and Associations Article; and owns at least 20% of the outstanding interests in profits of the limited liability company. A corporation or limited liability company shall submit to the Commission and to the insurer of the corporation or limited liability company a written notice that names the individual who has made an election to be exempt under subsection (b) of this section. An election under subsection (b)(1) or (4) of this section is not effective until a corporation or limited liability company complies with this subsection. No more than five officers of a corporation described in subsection (b)(2) of this section may elect to be exempt under subsection (b)(2) of this section. The Commission shall adopt regulations to carry out this section.

A forest ranger, a park ranger, a wildlife ranger, a registered crew member, a paid law enforcement employee, or an individual engaged for fire fighting by the Department of Natural Resources is a covered employee. Notwithstanding § 9–203 of this subtitle, an individual engaged for fire fighting who otherwise would be a covered employee under subsection (a) of this section is a covered employee even if the fire fighting takes place outside of the State. Notwithstanding § 9–205 of this subtitle, an individual who otherwise would be a covered employee under subsection (a) of this section is a covered employee even if engaged temporarily or part time. For the purpose of this title, the Department of Natural Resources is the employer of an individual who is a covered employee under this section.

An individual is a covered employee if the individual regularly distributes or sells newspapers: on the street; or to customers at their homes or places of business. For the purposes of this title, the employer of an individual who is a covered employee under this section is: each independent news agency for which the covered employee sells newspapers; and each publisher who engages the covered employee to distribute or sell its newspapers.

An individual who is employed as a domestic worker in a private home is a covered employee with respect to a household if the individual earns at least $1,000 in cash in a calendar quarter from that household. Except as provided in paragraph (3) of this subsection, an individual and the employer of the individual may elect to make the individual a covered employee by filing a joint election with the Commission, if the individual: is employed as a domestic worker in a private home; and would not be a covered employee with respect to a household under the provisions of subsection (a) of this section because the individual earns less than $1,000 in cash in a calendar quarter from that household. The right to make an election under paragraph (1) of this subsection for an individual may be exercised by: an individual who is at least 16 years old; or a parent or guardian of an individual who is less than 16 years old. For an individual who is not a covered employee due to § 9–223(c) of this subtitle, an employer may not make an election under this subsection if prohibited by federal law.

In this section the following words have the meanings indicated. “Farmer” includes a dairy farmer. “Migrant farm worker” means an individual who is engaged in seasonal or other temporary agricultural employment and who is: absent overnight from the permanent residence of the individual; or transported to and from the place of employment of the individual by a day-haul operation. “Migrant farm worker” does not include an individual who performs a service included in subsection (b) of this section if the individual: does not operate equipment or machinery; and is employed: within 25 miles of the permanent residence of the individual; and for not more than 13 weeks a year. Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if: the individual receives compensation from a farmer for any service other than office work, including: operating a machine connected with animal, crop, or soil management; constructing or repairing a fixture or machine; or handling an animal or crop with or without a machine; and the farmer has: at least 3 full-time employees; or an annual payroll of at least $15,000 for full-time employees. An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if: the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed; the individual is free from control and direction over the individual’s performance of the service; the individual provides the individual’s own equipment, materials, and tools; and the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.

An individual is a covered employee if the individual is employed as a helper of another covered employee with the actual or constructive knowledge of the employer of the other covered employee, whether paid by the other covered employee or the employer.

This section applies to each jockey licensed by the State Racing Commission to ride a thoroughbred horse. This section applies only at a thoroughbred racing association or training facility under the jurisdiction of the State Racing Commission. A jockey is a covered employee while performing a service in connection with: live thoroughbred racing; or training a thoroughbred race horse, if the principal earnings of the jockey are based on money earned as a jockey during live racing and not as an exercise rider. For the purposes of this title, the employer of a jockey who is a covered employee under this section is the Maryland Jockey Injury Compensation Fund, Inc. This subsection does not affect any other provision of law or practice. Notwithstanding any other provision of law, this section may not be construed to bar an action by a jockey against a third party.

An individual on jury duty in a circuit court of a county is a covered employee. For the purposes of this title, the State is the employer of an individual who is a covered employee under this section.

An individual who is employed to do maintenance, remodeling, repairs, or similar work is not a covered employee if: the individual is employed for not more than 30 consecutive work days; and the work is done: in or about the private home of the employer; or for an employer with no other covered employee, in or about the premises where the employer carries on a business, profession, or trade.

In this section, “organized militia” includes members of the Maryland Defense Force described under § 13-203 of the Public Safety Article. Each officer or enlisted member of the organized militia of the State is a covered employee in peace time, while the member is: training as part of the Maryland State Guard; or on active military duty in the organized militia under order of the Governor in time of: civil disorder; labor disorder; natural disaster; or other events that require the support of the State Militia. For the purposes of this title, the State is the employer of an individual who is a covered employee under this section.

In this section the following words have the meanings indicated. “Mine” includes a drift, shaft, slope, tunnel, underground room, and any other underground places or workings. “Mineral” includes clay, coal, and iron. An individual is a covered employee while working in or about a mine to extract minerals. An individual who is a covered employee under subsection (b) of this section is deemed to be employed entirely within this State if the mouth, principal entrance, or tipple of the mine in or about which the individual works is within this State, even if: a drift, shaft, slope, or other underground tunnel extends into an adjoining state; and the individual is injured or killed while working in the mine within the adjoining state.

Except as provided in subsection (b) of this section, each appointed or elected official of a political subdivision is a covered employee while performing an official duty. A nonsalaried member of a board or commission in Allegany, Carroll, Cecil, Charles, Frederick, Garrett, Queen Anne’s, St. Mary’s, Somerset, Washington, or Worcester County is not a covered employee.

This section applies to an individual who is an owner operator of: a Class F (tractor) vehicle, as described in § 13-923 of the Transportation Article; or except as provided in paragraph (2) of this subsection, a Class E (truck) vehicle, as described in § 13-916 of the Transportation Article, including a Class E (truck) vehicle described in § 13-919 of the Transportation Article. This section does not apply to the owner operator of a vehicle registered as a Class T vehicle under § 13-920 of the Transportation Article. An individual who is an owner operator is not a covered employee if: the individual and motor carrier make a written agreement for permanent or trip leasing; under the agreement: there is no intent to create an employer-employee relationship; and the individual is paid rental compensation; and for federal tax purposes, the individual qualifies as an independent contractor. A motor carrier who enters into an agreement under subsection (b) of this section is considered a principal contractor under § 9-508 of this title. An individual who is an owner operator and enters into an agreement under subsection (b) of this section is: considered a subcontractor under § 9-508 of this title; for purposes of being a subcontractor, not considered a covered employee of the entity that the individual operator owns; and not entitled to compensation from a principal contractor under § 9-508 of this title. An individual who is an owner operator and enters into a written agreement under subsection (b) of this section shall provide proof of insurance for any covered employee of the individual as may be required by this title.

Unless an election is made in accordance with this section, a partner of a partnership is not a covered employee. A partnership may elect to make a partner a covered employee if the partner devotes full time to the business of the partnership. An election under this section is not effective until the partnership submits to the Commission and to the insurer of the partnership a written notice that names the individual to be a covered employee.

Each auxiliary police officer for Baltimore County is a covered employee while on duty as defined in the Baltimore County Police Manual of Rules, Regulations, and Procedures. Each auxiliary police officer for Howard County is a covered employee while on duty as defined in the Howard County Police Department’s General Orders. Except as provided in paragraph (2) of this subsection, each member of a volunteer police department is a covered employee. A member of a volunteer police department in Allegany, Carroll, Cecil, Charles, Garrett, Queen Anne’s, St. Mary’s, Somerset, Washington, or Worcester County is not a covered employee. For the purposes of this title, the political subdivision of the State where the department is organized is the employer of the covered employee in the department.

A prisoner is a covered employee while the prisoner is: working for a board of county commissioners, a county council, or a county roads board if: the county pays the prisoner a wage or stipulated sum; and the prisoner sustains permanent partial or permanent total disability or dies, as a result of an accidental personal injury; or engaged in work while under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program as provided in § 10-308(d) of the Correctional Services Article. In Allegany, Anne Arundel, Charles, Montgomery, Washington, and Wicomico counties, payment of a stipend or other money into an account that a correctional institution administers for a prisoner does not constitute payment of a wage or stipulated sum under subsection (a)(1)(i) of this section.

An individual is not a covered employee if the individual: is a licensed real estate salesperson or a licensed associate real estate broker; is affiliated with a licensed real estate broker under a written agreement; is compensated solely on a commission basis; and for federal tax purposes, qualifies as an independent contractor.

An individual is not a covered employee if the individual is eligible under a federal law, other than the Social Security Act, for benefits for an accidental personal injury or occupational disease. An individual for whom federal law provides a rule of liability for injury or death is not a covered employee. Notwithstanding subsections (a) and (b) of this section, if an individual for whom federal law provides a rule of liability or method of compensation and the employer of the individual engage both in intrastate commerce and in foreign or interstate commerce, the individual is a covered employee when engaged in intrastate commerce to the extent that the mutual connection of the individual and the employer with intrastate commerce is clearly distinguishable and separable from foreign or interstate commerce.

An individual is a covered employee while the individual is assigned to a job under: general public assistance to employables; or a work experience program that the Department of Human Services administers as part of its employment initiatives project. For the purposes of this title, the Department of Human Services is the employer of an individual who is a covered employee under this section.

A resident in a facility as defined in § 10–101(g) of the Health – General Article is not a covered employee.

A volunteer aide under § 6-106 of the Education Article is a covered employee. For the purposes of this title, the Board of School Commissioners of Baltimore City or the board of education for any other county is the employer of an individual who is a covered employee under this section in that county.

Unless an election is made in accordance with this section, a sole proprietor is not a covered employee. A sole proprietor may elect to be a covered employee if the proprietor devotes full time to the business of the proprietorship. An election under this section is not effective until the proprietor submits to the Commission and to the insurer of the proprietor a written notice that names the individual who is to be a covered employee.

A student with a disability as defined in § 8–401(a)(2) of the Education Article is a covered employee while working for an employer without wages in a work assignment in accordance with § 8–402 of the Education Article. For the purposes of this title, the employer for whom the student with a disability works is the employer of that student. An individual is a covered employee while working as a student intern or student teacher under § 6–107 of the Education Article. For the purposes of this title, the Board of School Commissioners of Baltimore City or the board of education for any other county is the employer of an individual who is a covered employee under this subsection in that county. A student is a covered employee when the student has been placed with an employer in an unpaid work–based learning experience coordinated by a county board or private noncollegiate institution under § 7–114 of the Education Article. For purposes of this title, the employer for whom the student works in the unpaid work–based learning experience is the employer of that student. In this subsection the following words have the meanings indicated. “DORS” means the Division of Rehabilitation Services in the State Department of Education. “DORS consumer” has the meaning stated in § 21–310 of the Education Article. A DORS consumer is a covered employee when the individual has been placed by DORS with an employer in an unpaid work–based learning experience. For purposes of this title, the employer for whom the DORS consumer works in the unpaid work–based learning experience is the employer of the DORS consumer.

An individual who is a covered employee while regularly employed or while serving an apprenticeship continues to be a covered employee while the individual receives instruction or training outside the regular work hours of the individual that relates to the employment or apprenticeship of the individual.

In this section the following words have the meanings indicated. “Ridesharing” has the meaning stated in § 11-150.1 of the Transportation Article. “Vanpool operation” has the meaning stated in § 11-175.1(a) of the Transportation Article. This section applies only with respect to a vanpool operation in which the vehicle: is leased, operated, or owned by an employer for ridesharing; operates between the residence and place of employment of the passengers; and is insured in accordance with § 13-422 of the Transportation Article. An individual is a covered employee while operating a vehicle in a vanpool operation as part of the duties of the individual for the employer. A passenger in a vanpool operation is not a covered employee.

Except as otherwise expressly provided by law, a volunteer worker for a unit of a political subdivision in Allegany, Carroll, Cecil, Charles, Frederick, Garrett, Queen Anne’s, St. Mary’s, Somerset, Washington, or Worcester County is not a covered employee.

A volunteer worker for a unit of State government is a covered employee. For the purposes of this title, the State is the employer of an individual who is a covered employee under this section. Notwithstanding any other provision of this title, benefits provided under this section shall consist only of medical services and treatment under Subtitle 6, Part IX of this title for a compensable injury.

Each regularly enrolled volunteer member or trainee of the Maryland Department of Emergency Management established under the Maryland Emergency Management Act is a covered employee. For the purposes of this title, the State is the employer of each individual who is a covered employee under this section.

In this section the following words have the meanings indicated. “Civil defense volunteer” means an individual who is precertified or preregistered with a unit of State government to provide services at the request of the State during an emergency. “Civil defense volunteer” includes a credentialed or registered member of a professional volunteer health corps established by a unit of State government. “Emergency” has the meaning stated in § 14-101(c) of the Public Safety Article. “Emergency” includes: a catastrophic health emergency as defined in § 14-3A-01 of the Public Safety Article; and any event for which the State provides volunteer services in accordance with: the provisions for a state of emergency under § 14-107 or § 14-108 of the Public Safety Article; the Interstate Emergency Management and Civil Defense Compact under § 14-602 of the Public Safety Article; or the Emergency Management Assistance Compact under § 14-702 of the Public Safety Article. Subject to paragraph (2) of this subsection, a civil defense volunteer is a covered employee if the individual sustains an injury in the course of providing services at the request of the State during an emergency while the emergency may reasonably be considered to be in existence, or during scheduled emergency training. A civil defense volunteer is not entitled to workers’ compensation benefits under this section if the individual is otherwise covered by workers’ compensation insurance for services performed at the request of the State during an emergency or scheduled emergency training. A civil defense volunteer must file a claim in this State to be eligible for benefits under this section. For the purpose of computing the average weekly wage of a civil defense volunteer who is covered under this section, the wages of the covered employee shall be: for a covered employee who received a salary or wages from other employment at the time of the accidental personal injury or last injurious exposure, the salary or wages from the other employment; or for a covered employee who did not receive a salary or wages from other employment at the time of the accidental personal injury or last injurious exposure: if the covered employee derived income from a source other than salary or wages at the time of the accidental personal injury or last injurious exposure, an amount that allows the maximum compensation under this title; if the covered employee was not engaged in a business enterprise at the time of the accidental personal injury or last injurious exposure, the weekly income last received by the covered employee when engaged in a business enterprise; or if the covered employee had never been engaged in a business enterprise at the time of the accidental personal injury or last injurious exposure, an amount that allows the minimum compensation under this title.

Each volunteer deputy sheriff of Cecil County is a covered employee while performing work assigned by the sheriff of the county. Each volunteer police officer of Frederick County is a covered employee entitled to medical benefits under §§ 9–660 and 9–661 of this title while performing work assigned by the Sheriff of Frederick County. Each auxiliary volunteer of the Charles County Sheriff’s Office is a covered employee while performing work assigned by the Sheriff of the county.

In this section the following words have the meanings indicated. “On duty” means: fighting a fire; performing a duty of a member of an advanced life support unit or an ambulance, first aid, or rescue squad in a volunteer company; except as provided in subparagraph (ii) of this paragraph, performing a duty that the volunteer company assigns to the member; performing a duty that a written bylaw or rule of government adopted for the volunteer company assigns to the member; going to or from performing a duty included under item 1, 2, 3, or 4 of this subparagraph; accompanying an accident or fire victim while being transported to a hospital in a helicopter; returning to the home station of the individual after accompanying a victim under item 6 of this subparagraph; performing a duty assigned to a member of a fire company appointed as a deputy sheriff under § 7–302 or § 7–303 of the Public Safety Article; or performing a duty assigned to an individual appointed to serve as a member of the fire police in Washington County under § 7–304 of the Public Safety Article. “On duty” does not include attendance of a member of a volunteer company at a social function unless a written bylaw or rule of government adopted for the volunteer company requires the attendance or participation of the member. “Volunteer company” means: a volunteer advanced life support unit; a volunteer ambulance company or squad; a volunteer fire company or department; a volunteer rescue company, department, or squad; and a volunteer fire police unit. An individual who is a covered employee under subsection (h)(2), (k), (n), (o)(2), (p)(1)(ii), (r)(2), (v), or (x)(1) of this section continues to be a covered employee while: accompanying an accident or fire victim who is being transported to a hospital in a helicopter; and returning to the home station of the individual after accompanying a victim under item (1) of this subsection. Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Allegany County is not a covered employee. The Board of County Commissioners for Allegany County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. A member of a volunteer company in Anne Arundel County is a covered employee while on duty. A member of a volunteer company in Baltimore County is a covered employee while on duty. A member of a volunteer company in Calvert County is a covered employee while on duty. A member of a volunteer company in Caroline County is a covered employee while on duty. Unless an election is made in accordance with this subsection, a member of a volunteer company in Carroll County is not a covered employee. A volunteer fire company in Carroll County may elect to make its members covered employees. A volunteer fire company that elects to make its members covered employees shall pay the premium for the coverage. A member of a volunteer company in Cecil County who meets the guidelines set under paragraph (2) of this subsection is a covered employee while on duty. The Board of County Commissioners of Cecil County may set guidelines to determine the eligibility of members of a volunteer company in the county for coverage under this subsection. The guidelines under paragraph (2) of this subsection may not limit the number of covered employees in a volunteer company. Unless an election is made in accordance with this subsection, a member of a volunteer company in Charles County is not a covered employee. The Board of County Commissioners of Charles County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. A member of a volunteer company in Dorchester County is a covered employee. A member of a volunteer company in Frederick County is a covered employee while on duty. Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Garrett County is not a covered employee. The Board of County Commissioners for Garrett County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. A member of a volunteer company in Harford County is a covered employee. An individual is a covered employee: while on duty as an actively participating member of a volunteer company in Howard County; or if not covered under item (1) of this subsection, while a member of a volunteer company in Howard County participating in the activities of the volunteer company. An individual is a covered employee: while on duty as an actively participating member of a volunteer company in Kent County; or if not covered under item (i) of this paragraph, while a member of a volunteer company in Kent County. The Board of County Commissioners of Kent County shall impose annually a tax on assessable property in the county in an amount that is sufficient to pay for coverage under this subsection. The Board of County Commissioners of Kent County may limit the number of members in a volunteer company in the county. A member of a volunteer company in Montgomery County is a covered employee while on duty. An individual is a covered employee: while on duty as a member of the Laurel volunteer rescue squad in Prince George’s County; or while a member of a volunteer company in Prince George’s County. A member of a volunteer company in Queen Anne’s County is a covered employee while on duty. Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in St. Mary’s County is not a covered employee. The Board of County Commissioners for St. Mary’s County may provide by resolution for the members of a volunteer company in the county to be covered employees while on duty. Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Somerset County is not a covered employee. The Board of County Commissioners for Somerset County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. A member of a volunteer company in Talbot County is a covered employee. The County Council of Talbot County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. Except as provided in paragraph (3) of this subsection, unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Washington County is not a covered employee. The Board of County Commissioners for Washington County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. A member of a volunteer company in Washington County is a covered employee if the individual is at least 15 years old and is enrolled in the Fire and Rescue Academy Program operated by the Washington County Board of Education. A member of a volunteer company in Wicomico County is a covered employee. The County Council of Wicomico County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Worcester County is not a covered employee. The Board of County Commissioners for Worcester County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty. For the purposes of this title, a member of a volunteer company who is a covered employee under this section is an employee of the political subdivision of the State where the volunteer company is organized. A member of a volunteer company shall be covered while on duty by a policy of workers’ compensation insurance. A member of a volunteer company who is a covered employee under this section may not be considered a paid covered employee of the volunteer company for receiving as a membership benefit a yearly stipend of $5,200 or less to help offset out–of–pocket expenses.

An individual is not a covered employee while performing a service only for aid or sustenance from a charitable or religious organization.

An individual is a covered employee while performing a service for compensation in the course of the business, occupation, profession, or trade of an employer if, in relation to the service, the individual: does not maintain a separate business; neither represents to the public that the individual provides the service nor provides the service to the public; and does not have a covered employee.