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

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0366*

HOUSE BILL 366
K1, D3 6lr1825

By: Delegate Pruski
Introduced and read first time: January 19, 2026
Assigned to: Economic Matters

A BILL ENTITLED

AN ACT concerning 1

Workers’ Compensation – Exemption From Exclusivity of Remedy – Action for 2
Wrongful Death by Nondependent Child 3

FOR the purpose o f prohibiting the Maryland W orkers’ Compensation Act from being 4
construed to prohibit a child of a covered employee who is determined not to be a 5
dependent of the covered employee from filing an action for dama ges related to the 6
wrongful death of the covered employee; and generally relating to exemptions from 7
the exclusivity of remedy under workers’ compensation law. 8

BY repealing and reenacting, without amendments, 9
Article – Courts and Judicial Proceedings 10
Section 3–901 and 3–904(a)(1) and (c) through (g) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, with amendments, 14
Article – Labor and Employment 15
Section 9–509 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Courts and Judicial Proceedings 21

3–901. 22

(a) In this subtitle the following terms have the meanings indicated. 23

(b) “Child” means a legitimate or an illegitimate child. 24
2 HOUSE BILL 366

(c) “Parent” includes the mother and father of a deceased illegitimate child. 1

(d) “Person” includes an individual, receiver, trustee, guardian, executor, 2
administrator, fiduciary, or representative of any kind, or any partnership, firm, 3
association, public or private corporation, or any other entity. 4

(e) “Wrongful act” means an act, neglect, or default including a felonious act 5
which would have entitled the party injured to maintain an action and recover damages if 6
death had not ensued. 7

3–904. 8

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, an 9
action under this subtitle shall be for the benefit of the wife, husband, parent, and child of 10
the deceased person. 11

(c) (1) In an action under this subtitle, damages may be awarded to the 12
beneficiaries proportioned to the injury resulting from the wrongful death. 13

(2) Subject to § 11–108(d)(2) of this article, the amount recovered shall be 14
divided among the beneficiaries in shares directed by the verdict. 15

(d) The damages awarded under subsection (c) of this section are not limited or 16
restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for 17
mental anguish, emotional pain and suffering, loss of society, companionship, comfort, 18
protection, marital care, parental care, filial care, attention, advice, counsel, training, 19
guidance, or education where applicable for the death of: 20

(1) A spouse; 21

(2) A minor child; 22

(3) A parent of a minor child; or 23

(4) An unmarried child who is not a minor child if: 24

(i) The child is 21 years old or younger; or 25

(ii) A parent contributed 50 p ercent or more of the child’s support 26
within the 12–month period immediately before the date of death of the child. 27

(e) For the death of a child, who is not described under subsection (d) of this 28
section, or a parent of a child, who is not a minor child, the damages awarded under 29
subsection (c) of this section are not limited or restricted by the “pecuniary loss” or 30
“pecuniary benefit” rule but may include damages for mental anguish, emotional pain and 31
HOUSE BILL 366 3

suffering, loss of society, companionship, comfort, p rotection, care, attention, advice, 1
counsel, training, education, or guidance where applicable. 2

(f) Only one action under this subtitle lies in respect to the death of a person. 3

(g) (1) Except as provided in paragraph (2) or (3) of this subsection, an action 4
under this subtitle shall be filed within three years after the death of the injured person. 5

(2) (i) In this paragraph, “occupational disease” means a disease caused 6
by exposure to any toxic substance in the person’s workplace and contracted by a person in 7
the course of the person’s employment. 8

(ii) If an occupational disease was a cause of a person’s death, an 9
action shall be filed: 10

1. Within 10 years of the time of death; or 11

2. Within 3 years of the date when the cause of death was 12
discovered, whichever is the shorter. 13

(3) (i) This paragraph applies only to a wrongful death cause of action 14
arising from conduct that would constitute a criminal homicide under State or federal law. 15

(ii) If knowledge of a cause of action or the identity of a person whose 16
wrongful act contributed to a homicide is kept from a party by the conduct of an adverse 17
party or an accessory or accomplice of an adverse party: 18

1. The cause of action shall be deemed to accrue at the time 19
the party discover ed or should have discovered by the exercise of ordinary diligence the 20
homicide and the identity of the person who contributed to the homicide; 21

2. A presumption shall exist that the party should have 22
discovered by the exercise of ordinary diligence the identity of the person who contributed 23
to the homicide after: 24

A. A charging document is filed against the person alleged to 25
have participated in the homicide; and 26

B. The charging document is unsealed and available to the 27
public; and 28

3. An action under this subtitle shall be filed within 3 years 29
after the date that the cause of action accrues. 30

Article – Labor and Employment 31

9–509. 32
4 HOUSE BILL 366

(a) Except as otherwise provided in this title, the liability of an employer under 1
this title is exclusive. 2

(b) (1) Except as otherwise provided in this title , the compensation provided 3
under this title to a covered employee or the dependents of a covered employee is in place 4
of any right of action against any person. 5

(2) THIS TITLE MAY NOT BE CONSTRUED TO PROHIBIT A CHILD OF A 6
COVERED EMPLOYEE WHO IS DETERMINED NOT TO BE A DEPENDENT OF THE 7
COVERED EMPLOYEE FROM BRINGING AN ACTION FOR DAMAGES UNDER TITLE 3, 8
SUBTITLE 9 OF THE COURTS ARTICLE. 9

(c) (1) If an employer fails to secure compensation in accordance with this title, 10
a covered employee who has sustained an accidental personal injury, compensable hernia, 11
or occupational disease or, in case of death, the personal representative of the covered 12
employee may: 13

(i) bring a claim for compensation under this title; or 14

(ii) bring an action for damages. 15

(2) In an action of a covered employee or personal representative under this 16
subsection, an employer may not plead as a defense that: 17

(i) the covered employee assumed the risk of employment; 18

(ii) the covered employee was contributorily negligent; or 19

(iii) the negligence of a fellow servant caused the accidental personal 20
injury, compensable hernia, or occupational disease. 21

(d) If a covered employee is injured or killed as the result of the deliberate intent 22
of the employer to injure or kill the covered employee, the covered employee or, in the case 23
of death, a surviving spouse, child, or dependent of the covered employee may: 24

(1) bring a claim for compensation under this title; or 25

(2) bring an action for damages against the employer. 26

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 27
apply only prospectively and may not be applied or interpreted to have any effect on or 28
application to any action before the effective date of this Act. 29

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31