2018 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 10 - Uninsured Employers
§ 9-1003. Subrogation to rights of claimant

  • (a) In general. -- If the Fund makes payment to a covered employee or the dependents of a covered employee as directed by the Commission, the Fund is subrogated to the rights of the covered employee or dependents against the uninsured employer.

  • (b) Civil action; criminal prosecution. -- The Fund may:

    • (1) institute a civil action to recover the money paid under the award;

    • (2) refer the matter to the appropriate authority for prosecution under ยง 9-1108 of this title; or

    • (3) do both.

  • (c) Liability of corporate officers. -- Notwithstanding any other provision of law, if the uninsured employer is a corporation the assets of which are not sufficient to satisfy an award, any officer of the corporation who has responsibility for the general management of the corporation in the State is jointly and severally liable for payment of the award if the corporate officer knowingly failed to secure workers' compensation insurance.

  • (d) Liability of limited liability company officers. -- Notwithstanding any other provision of law, if the uninsured employer is a limited liability company the assets of which are not sufficient to satisfy an award, any member of the company who has responsibility for the general management of the limited liability company in the State is jointly and severally liable for payment of the award if a member of the limited liability company who has general management responsibility knowingly failed to secure workers' compensation insurance.

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