Delaware § 2314 Defenses unavailable in action for compensation

Delaware Statutes

§ 2314 — Defenses unavailable in action for compensation

Delaware § 2314

Title19

PartWorkers’ Compensation

Subch.General Provisions

This text of Delaware § 2314 (Defenses unavailable in action for compensation) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 19, § 2314 (2026).

Text

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.

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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.