Delaware Legislature Amends Delaware’s Worker’s Compensation Statute
HB 308 revised the statute to allow workers comp claimants to collect any combination of worker’s compensation benefits and auto insurance benefits (PIP, uninsured/underinsured benefits). It does not increase worker’s compensation benefits, but prohibits employer/carrier from taking a credit against overlapping benefits. This primarily will only impact employees who drive in the course and scope of employment. Employers/Carriers will still be able to take a credit against any overlapping short-term disability benefits, long-term disability benefits and unemployment benefits.
19 Del. C 2304: the exclusivity provision in section 2304 was originally enacted to prevent claimants from “double dipping”, or earning multiple overlapping similar benefits which would cause a windfall. This section has been part of the worker’s compensation statute since approximately 1918.
HB 308- passed by state house and senate. Signed by the governor on 9/6/16.
Section 1. Amend §2304, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2304 Compensation as exclusive remedy.
Except as expressly excluded in this chapter and except, as to, but not limited to, uninsured motorist benefits, underinsured motorist benefits and personal injury protection benefits, every employer and employee, adult and minor, shall be bound by this chapter respectively to pay and to accept compensation for personal injury or death by accident arising out of and in the course of employment, regardless of the question of negligence and to the exclusion of all other rights and remedies.
Section 2. This Act shall take effect upon its enactment into law.
For information on this matter or other Worker’s Compensation law questions, please contact John Ellis, Esq.