Loss of consortium and Maryland Workers' Compensation?

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.

Elkton, MD -

Attorney Answers (3)

Jonathan Neal Portner

Jonathan Neal Portner

Workers' Compensation Lawyer - Columbia, MD
Answered

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... more
George Ellis Corson IV

George Ellis Corson IV

Workers' Compensation Lawyer - Orange, CA
Answered

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

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Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Workers' Compensation Lawyer - Chicago, IL
Answered

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.

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