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Loss of consortium and Maryland Workers' Compensation?

Elkton, MD |

I am married, live/work in Cecil County, MD, and have a WC claim pending hearing...

If LoC is barred under WC, can my spouse and I jointly file a separate civil tort suit for loss of consortium/services in Circuit Court?

If LoC is barred under WC, could I drop WC Claim and then my husband and I file a personal injury suit in CC, and include my husband as co-complainant on the count for loss of consortium?

Thanks for your kind attention and any guidance/suggestions.

Mr. Corson IV, et al.: So, how does an injured person truly get restitution, from a work injury, for things that would otherwise be considered within the scope of a normal personal injury action (LoC, pain & suffering, mental anquish, and other non-work related effects on their life)? If I was at a co-worker's home and accidentally slipped and fell, there would be premises liability and I could sue them and claim a number of PI "damages and losses"; however, if the same accident happened at work (and the "person" is a business/corporation) I'd be forced into the WC scheme and be limited/barred from most apects of a PI claim? Is WC so skewed in favor of corporate/business interest as to preclude a truly fair consideration of the totality of the impact on the life of the injured party/worker? Why can't I just drop my WC claim and sue the company under standard premises liability for personal injury, as a business-invitee, like a customer can?

Attorney Answers 3

  1. Best answer

    Workers compensation is the exclusive remedy for your Maryland work injury. The law does not provide for an additional civil suit and you can not dismiss the Maryland Workers Compensation claim because you have no other civil remedy.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

  2. I think WC will completely bar your LOC claim. Otherwise, the exclusive remedy would not be exclusive.

    Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.

  3. WC legislation was a grand compromise whereby the burden of proof to demonstrate eligibility for benefits is much lower than in personal injury actions, there is no comparative negligence, your medical bills are paid as they are incurred, and you get money every week you cannot work so you can pay your bills. In return, the only recovery is an amount to compensate you for the permanent injury to your body. You cannot “choose” to file a different sort of action. If you were injured at work AND nobody else was responsible (e.g. defective machine), the only recourse is through WC. This is what is meant by “sole remedy” - it’s the ONLY option.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

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