Delaware Code Title 19 Sec. 2314 – Defenses unavailable in action for compensation
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In any action instituted by any person to recover damages for personal injury sustained by an employee by accident arising out of and in the course of employment within this State or for death resulting from injury so sustained, it shall not be a defense that:
(1) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of or by the negligence of a fellow employee; or
(2) The employee had either expressly or impliedly assumed the risk of the injury; or
(3) Injury was caused in any degree by the negligence of such employee.
Code 1915, § ?3193b; 29 Del. Laws, c. 233; Code 1935, § ?6072; 43 Del. Laws, c. 269, § ?1; 19 Del. C. 1953, § ?2314; 70 Del. Laws, c. 172, § ?4;
Terms Used In Delaware Code Title 19 Sec. 2314
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer's contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker's own home, or on the premises not under the control or management of the employer. See Delaware Code Title 19 Sec. 2301
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302