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.
Structure Delaware Code
Chapter 23. Workers’ Compensation
Subchapter I. General Provisions
§ 2301A. Industrial Accident Board.
§ 2301C. Workers' compensation specialist.
§ 2301D. Annual review of Industrial Accident Board Case management.
§ 2302. Wages; definition and computation; valuation of board and lodging.
§ 2303. Territorial application of chapter.
§ 2304. Compensation as exclusive remedy.
§ 2305. Exemption from liability prohibited; exception.
§ 2306. Applicability — Employers.
§ 2307. Applicability — Domestic servants and farm laborers.
§ 2308. Applicability — Executive officers; sole proprietors and partners.
§ 2309. Applicability — State, counties and political subdivisions.
§ 2310. Applicability to persons engaged in interstate or foreign commerce.
§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence.
§ 2314. Defenses unavailable in action for compensation.
§ 2315. Compensation to illegally employed minors.
§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation.