Workers' Compensation - Exemption From Exclusivity of Remedy - Action for Wrongful Death by Nondependent Child
HB 366 would amend Maryland’s workers’ compensation law to make clear that the exclusivity of workers’ compensation does not bar a child of a deceased covered employee from bringing a wrongful death lawsuit if that child has been determined not to be a dependent of the employee. In practical terms, the bill creates an explicit exception to the general rule that workers’ compensation benefits are the exclusive remedy for workplace injuries and deaths, but only for nondependent children seeking damages under Maryland’s wrongful death statute.
The bill also makes a conforming change to the Labor and Employment Article to state that the title may not be construed to prohibit such a child from filing a wrongful death action under the Courts and Judicial Proceedings Article. It does not alter the basic structure of Maryland wrongful death law, the categories of beneficiaries generally eligible to recover, or the existing rules governing damages and limitations periods; instead, it clarifies who may sue when the deceased worker’s child is not a workers’ compensation dependent. The bill is prospective only and would take effect October 1, 2026.
HB 366 would modify § 9-509 of the Labor and Employment Article by carving out an express exception to workers’ compensation exclusivity for nondependent children of covered employees in wrongful death cases. This would affect employers, insurers, and families of deceased workers by preserving a civil damages remedy for a class of children who otherwise might be argued to be limited to workers’ compensation remedies. The bill leaves the wrongful death provisions in the Courts and Judicial Proceedings Article intact, but reinforces that those claims remain available notwithstanding workers’ compensation exclusivity.
Based on the bill text and available context, the measure appears narrowly targeted and policy-focused rather than broadly controversial. The stated purpose is to clarify access to a wrongful death remedy for nondependent children, suggesting a remedial intent to close a perceived gap in current law. No committee testimony, recorded votes, or amendments are provided, so there is no evidence in the available record of organized support or opposition beyond the bill’s introduction and hearing referral.
The main point of contention is likely to be whether workers’ compensation exclusivity should remain a complete bar to civil suits arising from workplace deaths, or whether nondependent children should be allowed to pursue wrongful death damages in addition to workers’ compensation benefits. Supporters would likely view the bill as correcting an unfair limitation on family recovery, while opponents may argue it creates an exception to a long-standing tradeoff in workers’ compensation law and could increase litigation exposure for employers and insurers. The bill is narrowly drafted, so any debate would likely center on the scope of the exception and its interaction with existing dependency determinations.