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HB 366

Workers' Compensation - Exemption From Exclusivity of Remedy - Action for Wrongful Death by Nondependent Child

2026 Regular Session Introduced by Andrew Pruski

Maryland bill allows nondependent adult children to sue employers for wrongful death from work injuries, bypassing workers' compensation exclusivity protections.

Hearing 3/11 at 1:00 p.m.
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WeVote Research Nonpartisan
Bill Summary · HB 366

Legislative bill overview

HB 366 would create an exception to Maryland's workers' compensation exclusivity rule, allowing nondependent adult children to file wrongful death lawsuits against employers when a parent dies from a work-related injury. Currently, workers' compensation is the exclusive remedy for work injuries, meaning dependents receive benefits but cannot sue employers directly. This bill carves out a narrow pathway for adult children without financial dependence to pursue civil claims.

Why is this important

This bill addresses a gap in protections for families who lose working parents to job-related deaths. While dependent children and spouses receive workers' compensation benefits, adult children—even those emotionally affected—have no recourse outside the workers' compensation system. The change could shift significant liability exposure to employers and potentially increase litigation costs, while also providing alternative justice pathways for grieving families who believe negligence caused their parent's death.

Potential points of contention

  • Employer liability concerns: Broadening exceptions to workers' compensation exclusivity could expose employers to higher insurance costs and unpredictable civil litigation, potentially undermining the no-fault compromise that workers' compensation provides
  • Definition of "nondependent": Legislation must clearly define financial versus emotional dependence to avoid ambiguous claims; unclear boundaries could invite extensive litigation over eligibility
  • Consistency with other states: Maryland's approach may diverge from neighboring jurisdictions, creating confusion about liability standards and potentially attracting wrongful death cases from out-of-state workers

Compiled from official sources — confirm details with the bill’s official record.

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