WORKERS’ COMPENSATION LIABILITY FOR INFECTIOUS DISEASES STATE BY STATE

DELAWARE

Employees are entitled to Workers’ Compensation Benefits for injuries arising out of and sustained in the course of employment. relates to the origin of the accident and its cause

Compensable if the injury arises from a situation which has a reasonable relationship to employment

Employee must show that the injury would not have occurred “but for” the event at work.

Aggravations of Pre-existing conditions - Work event must be more than trivial contributor to the injury. Aggravations are compensable as new work injuries.
Cumulative injuries - Compensable if the ordinary stress and strain of the employment is a substantial factor in causing the injury
Mental Injuries – No physical injury involved, compensable if: Work conditions were actually objectively stressful; and work conditions were the substantial cause of the injuries

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