Franklin & Prokopik, P.C.Franklin & Prokopik, P.C.
  • People
    • Attorneys
    • Management
  • Practice Areas
    • Services
    • Industries
  • Locations
  • Resources
    • Programs
    • Webinars On-Demand
    • Legal Insights
    • Resource Materials
  • About F&P
    • About Us
    • F&P News
    • Associations & Organizations
    • Locations
    • Corporate Social Responsibility
  • Careers
    • Current Openings
    • Working at F&P
  • Contact
    • Contact Us
    • Emergency Response Team
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu
TOPICS
Labor & Employment
Liability
Business & Corporate
Transportation
Workers' Compensation
View All 2026
ARCHIVE
Labor & Employment
Liability20242025
Business & Corporate
Transportation20242025
Workers' Compensation20242025
Liability
Winter 2019

Changes in Delaware at the Intersection of Workers’ Compensations and Liability

/in Liability /by Changes in Delaware at the Intersection of Workers’ Compensations and Liability

A recent amendment to Delaware law allows an employee to seek uninsured and/or underinsured motorist coverage from an employer’s insurance policy if he or she was injured in the course and scope of employment in a motor vehicle accident with a third-party tortfeasor.

Prior to September 2016, an employee was precluded from collecting uninsured and/or underinsured motorist benefits under his employer’s policy because he/she could only recover workers compensation benefits “to the exclusion of all other rights and remedies.” 19 Del. C. § 2304. Simpson v. State, 2016 WL 425010.

In September 2016, the Delaware State Legislature passed House Bill 308 as a response to the Delaware Superior Court decision in Simpson v. State of Delaware and Government Employees Insurance Company, 2016 WL 425010 (Del. Super. Ct. Jan. 28, 2016).

HB 308, which took effect immediately, expressly excluded uninsured motorist benefits and underinsured motorist benefits from the workers’ compensation exclusivity rule thus allowing employees injured in an automobile accident with an uninsured or underinsured tortfeasor to collect from their employer’s workers’ compensation insurance policy as well as the employer’s UM/UIM insurance policy.

For more information about this article, please contact Krista Shevlin at 302.594.9780 or kshevlin@fandpnet.com.

https://www.fandpnet.com/wp-content/uploads/2025/11/FP_Web.png 0 0 Janessa Shaikun https://www.fandpnet.com/wp-content/uploads/2025/11/FP_Web.png Janessa Shaikun2019-01-12 13:06:112019-01-22 15:47:20Changes in Delaware at the Intersection of Workers' Compensations and Liability

SHARE

SUBSCRIBE TO NEWS & INSIGHTS

Subscribe to our mailing list to receive occasional updates, insights, and program information. Subscribe

Locations

Baltimore, MD

2 North Charles St
Suite 600
Baltimore, MD 21201
410.752.8700

Easton, MD

111 North West Street
Suite 200
Easton, MD 21601
410.820.0600

Frederick, MD

7100 Guilford Drive
Suite 2094
Frederick, MD 21704
301.745.3900

Herndon, VA

2325 Dulles Corner Boulevard
Suite 1150
Herndon, VA 20171
703.793.1800

Newark, DE

800 Creek View Road
Suite 300
Newark, DE 19711
302.594.9780

Richmond, VA

5516 Falmouth Street
Suite 203
Richmond, VA 23230
804.932.1996

Copyright © 2026 Franklin & Prokopik, P.C.

All Rights Reserved All Logos & Trademark Belongs To Their Respective Owners

Sitemap  |  Privacy Policy

  • Link to LinkedIn
  • Link to Facebook
  • Link to Mail
Scroll to top Scroll to top Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Accept settingsHide notification only