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§ 5-113. Injuries or death from occupational diseases

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 1. Limitations (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-113
§ 5-113. Injuries or death from occupational diseases
Occupational disease defined
(a) In this section, “occupational disease” means a disease caused by exposure to any toxic substance in a place of employment and contracted during the course of employment.
Within three years of discovery of facts or within 10 years of death
(b) An action for damages arising out of an occupational disease shall be filed within 3 years of the discovery of facts from which it was known or reasonably should have been known that an occupational disease was the proximate cause of death, but in any event not later than 10 years from the date of death.
Proximate cause defined
(c) As used in subsection (b) of this section, “proximate cause” means that the occupational disease was a substantial contributing cause of the death of the plaintiff's decedent.

Credits

Added by Acts 1987, c. 624. Amended by Acts 1988, c. 6, § 1; Acts 1988, c. 772.
MD Code, Courts and Judicial Proceedings, § 5-113, MD CTS & JUD PRO § 5-113
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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