Bill Text: DE HB293 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 19 Of The Delaware Code Relating To Workers' Compensation As An Exclusive Remedy.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2016-03-22 - Introduced and Assigned to House Administration Committee in House [HB293 Detail]
Download: Delaware-2015-HB293-Draft.html
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SPONSOR: |
Rep. Mitchell & Sen. Ennis |
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Reps. Mulrooney, Schwartzkopf, Smyk; Sens. Henry, Lawson |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 293 |
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AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION AS AN EXCLUSIVE REMEDY. |
Section 1.Amend §304, 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.
Every employer and employee, adult and minor,
except Except as
expressly excluded in this chapter and except as to all contractual benefits available to the
employee, including, but not limited to, uninsured motorist benefits, underinsured
motorist benefits, short-term and long-term disability 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.
SYNOPSIS
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This bill allows State of Delaware employees injured in a motor vehicle collision during the course and scope of employment the ability to continue to access the State of Delaware's automobile insurance coverage, in addition to workers' compensation benefits.This amendment is made in response to the recent Delaware Superior Court decision of Simpson v. State of Delaware and Government Employees Insurance Company, 2016 WL 425010 (Del. Super. Ct. Jan. 28, 2016).In the Simpson decision, the Court noted the need for clarification, as the exclusivity provision in 19 Del. C. §2304 could operate to unfairly deprive an employee of much-needed benefits. |
