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.
Structure Delaware Code
Chapter 23. Workers’ Compensation
Subchapter II. Payments for Injuries or Death and Incidental Benefits
§ 2321. Minimum duration of incapacity.
§ 2322. Medical and other services, and supplies as furnished by employer.
§ 2322A. Workers' Compensation Oversight Panel.
§ 2322B. Procedures and requirements for promulgation of health-care payment system.
§ 2322C. Development of health-care practice guidelines.
§ 2322D. Certification of health-care providers.
§ 2322E. Development of consistent forms for health-care providers.
§ 2322F. Billing and payment for health-care services.
§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee.
§ 2324. Compensation for total disability.
§ 2325. Compensation during partial disability.
§ 2326. Compensation for certain permanent injuries.
§ 2327. Compensation for subsequent permanent injury; special fund for payment.
§ 2328. Compensation for death or disability from an occupational disease.
§ 2329. Compensation for disability resulting from occupational and other preexisting disease.
§ 2330. Compensation for death.
§ 2331. Burial expenses where death results from injury.
§ 2332. Death of employee as affecting compensation and other benefits.
§ 2333. Compensation of nonresident alien dependents; representation by consular officers.