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Delaware’s Exclusive Remedy Rule
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WorkersCompensation.com
The rule also applies to family members of the injured employee; the rule bars them from filing loss of consortium or derivative tort suits, such as a wrongful death claim, against the employer.
TORT LAWSUITS AGAINST CO-EMPLOYEESThe rule protects not only the employer from personal injury lawsuits, but also co-workers.
Further, the exception does not apply if the employer merely engages in negligence, gross negligence, or wilful disregard of safety standards.
THIRD-PARTY CONTRIBUTION CLAIMSA negligent third party sued in tort by an injured employee cannot seek contribution or fault-sharing from the employer.
MPW asked the court to throw out the case, arguing that all claims were barred by the exclusive remedy provision.