If death occurs while the decedent was on the job, the right to sue may change. Under the Maryland’s Worker’s Compensation Act, an employee who elects to take worker’s compensation does not have a right to sue his or her employer for injuries in the workplace. If the decedent accepts worker’s compensation and gives up the right to sue, beneficiaries or surviving relatives also cannot sue for wrongful death, unless the act resulting in the death was due to a deliberate intent by the employer to injure or kill the employee. Md. LE § 9-509.
If a person’s death on the job was due to the negligent actions of a third party, however, Maryland’s worker’s compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for worker’s compensation through his or her employer. Md. LE § 9-901.
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