Delaware Code Title 19 Sec. 2332 – Death of employee as affecting compensation and other benefits
Should the employee die as a result of the injury, no reduction shall be made for the amount paid for medical, surgical, dental, optometric, chiropractic or hospital services and medicines nor for the expense of last sickness and burial as provided in this chapter. Should the employee die from some other cause than the injury as herein defined, the claim for compensation shall not abate, but the personal representative of the deceased may be substituted for the employee and prosecute the claim for the benefit of the deceased’s dependent or dependents only, but in the event an agreement for compensation or an award has theretofore been made, the full unpaid amount thereof shall be payable to the deceased employee’s nearest dependent as indicated by § 2330 of this title and such payments may be made directly to a dependent of full age and on behalf of an infant to the statutory or testamentary guardian of any such infant, provided, however, that no payment or award under § 2324 or § 2325 of this title shall continue or be ordered beyond the date of such injured employee’s death.
Code 1915, §§ ?3193j, 3193tt; 29 Del. Laws, c. 233; 30 Del. Laws, c. 203, § ?3; 32 Del. Laws, c. 186, § ?4; Code 1935, §§ ?6080, 6116; 37 Del. Laws, c. 239, § ?2; 43 Del. Laws, c. 269, § ?8; 19 Del. C. 1953, § ?2332; 50 Del. Laws, c. 267, § ?3; 54 Del. Laws, c. 280, § ?3;
Terms Used In Delaware Code Title 19 Sec. 2332
- Dependent: includes all persons other than the injured employee who are entitled to compensation under the elective schedule set forth in this chapter, and wherever the context requires it, includes the personal representatives and the surviving spouse of the deceased, and guardians of infants or trustees for incompetent persons. See Delaware Code Title 19 Sec. 2301
- Dependent: A person dependent for support upon another.
- 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
- Full age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.