Delaware Code Title 19 Sec. 2342 – Notice of occupational disease; time of; failure to give
Unless the employer during the continuance of the employment has actual knowledge that the employee has contracted a compensable occupational disease or unless the employee, or someone in the employee’s behalf, or some of the employee’s dependents, or someone on their behalf, gives the employer written notice or claim that the employee has contracted 1 of the compensable occupational diseases, which notice to be effective shall be given within a period of 6 months after the date on which the employee first acquired such knowledge that the disability was, could have been caused or had resulted from the employee’s employment, no compensation shall be payable on account of the death or disability by occupational disease of such employee.
Code 1915, § ?3193rr; 29 Del. Laws, c. 233; 30 Del. Laws, c. 203, § ?9; Code 1935, § ?6114; 41 Del. Laws, c. 241, § ?1; 19 Del. C. 1953, § ?2342; 50 Del. Laws, c. 339, § ?14; 52 Del. Laws, c. 101, § ?1; 70 Del. Laws, c. 172, § ?4; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 19 Sec. 2342
- Compensable occupational diseases: includes all occupational diseases arising out of and in the course of employment only when the exposure stated in connection therewith has occurred during employment. See Delaware Code Title 19 Sec. 2301
- Continuance: Putting off of a hearing ot trial until a later time.
- 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
- Employer: includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31. See Delaware Code Title 19 Sec. 2301