“Non-participating victim”

March 20, 2013

  • 413 Workers’ Compensation
  • 413XX Effect of Act on Other Statutory or Common-Law Rights of Action and Defenses
  • 413XX(C) Action Against Third Persons in General for Employee’s Injury or Death
  • 413XX(C)1 Right of Action of Employee or Representative Generally
  • 413k2160 What Persons Liable as Third Persons
  • 413k2168.1 Agents of Employer of Injured Person
  • 413k2168.1(2) k. Co-workers.

413 Workers' CompensationExclusive-remedy provision of Workers’ Compensation Act barred employee’s action against co-employees for injuries sustained as result of horseplay in which co-employees wrapped employee in duct tape; employee was a non-participating victim and thus was able to recover compensation under the Act.
Grabowski v. Mangler, 938 A.2d 637 (Del. 2007)