Lawmakers in Maryland are considering a bill that would allow an injured worker or surviving family member to sue an employer for intentional acts that the employer had “actual knowledge” would occur.
S.B. 750, introduced Thursday, would provide an exception to exclusive remedy in workers compensation, making an employer liable if an employee is injured or killed “as the result of the deliberate intent of the employer to injure or kill the covered employee.”
Under the proposal, deliberate intent means the employer “acted in a manner that was premeditated or willful in causing the injury to or death of the covered employee” or “had actual knowledge that an injury or death was substantially likely to occur and willfully disregarded that knowledge.”
If passed, the change would go into effect Oct. 1 and would apply retroactively to Jan. 1, 2022.