On March 11, Associate Policy Director Karrington Anderson testified before the Economic Matters Committee in opposition to HB 366 – Workers’ Compensation – Exemption From Exclusivity of Remedy – Action for Wrongful Death by Nondependent Child.
This bill would allow non-dependent children of an employee, including adult children, to bring a wrongful death lawsuit against an employer in court outside of the workers’ compensation system. As such, it would allow claims for damages not available under workers’ compensation, including noneconomic damages such as pain and suffering and loss of companionship.
MACo recognizes the deeply personal circumstances surrounding workplace fatalities but caution that the proposal would create a new exception to the longstanding “exclusive remedy” framework that underpins Maryland’s workers’ compensation system. Expanding litigation beyond this existing system could introduce uncertainty into a structure designed to provide predictable benefits for workers and defined obligations for employers.
Under current law, workers’ compensation benefits provide the sole
remedy for damages resulting from a work-related injury or death for the employee, their spouse, and their dependents. In exchange for guaranteed and timely benefits for injured workers and their families, employers receive predictable and limited liability. This balance is fundamental to the workers’ compensation system and has long provided stability for both workers and employers acting in good faith.
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