Workers' Compensation - Exemption From Exclusivity of Remedy - Action for Wrongful Death by Nondependent Child
Summary
SB 993 would amend Maryland’s workers’ compensation exclusivity rule to make clear that a child of a deceased covered employee who is not a dependent of that employee may still bring a wrongful death action under the Maryland wrongful death statute. The bill does not change the basic rule that workers’ compensation is generally the exclusive remedy for workplace injuries and deaths, but it creates an explicit carve-out for nondependent children seeking damages for the death of a covered employee.
The bill makes a targeted change to Labor and Employment § 9-509 by stating that the Workers’ Compensation Act may not be construed to bar a nondependent child from filing a wrongful death claim under Courts and Judicial Proceedings Title 3, Subtitle 9. It leaves the existing wrongful death framework intact, including who may recover, the types of damages available, and the general filing deadlines, while clarifying that this class of child beneficiaries is not foreclosed by workers’ compensation exclusivity. The bill is prospective only and would take effect October 1, 2026.
Impact
SB 993 would modify Maryland workers’ compensation law by narrowing the scope of the exclusivity provision in § 9-509. In practical terms, it would preserve a wrongful death cause of action for a deceased worker’s child even when that child is not a statutory dependent, allowing that child to pursue damages against responsible parties outside the workers’ compensation system. The bill would affect employers, insurers, and potential wrongful death plaintiffs by clarifying litigation rights after a workplace death, but it would not alter compensation benefits for dependents or the general structure of wrongful death damages under the Courts Article.
Sentiment
There is no recorded committee transcript or vote history in the provided materials, so the bill’s sentiment cannot be measured from debate or roll-call data. Based on the text alone, the measure appears to be a focused remedial clarification rather than a broad policy overhaul, suggesting an intent to address a specific gap in existing law. The absence of recorded opposition or support in the supplied context means no formal consensus or controversy can be inferred from legislative proceedings.
Contention
The main legal issue addressed by SB 993 is whether workers’ compensation exclusivity should bar a wrongful death suit by a child who is not financially dependent on the deceased employee. Supporters would likely view the bill as correcting an unintended limitation and preserving access to civil remedies for surviving children, while opponents could argue that it weakens the exclusivity principle that underpins the workers’ compensation bargain and may increase employer exposure to lawsuits. Because no committee discussion or votes are provided, the specific positions of legislators, employers, insurers, labor groups, or plaintiff advocates are not documented in the supplied record.