Delaware Code Title 19 Sec. 2330 – Compensation for death
(a) In case of death, compensation shall be computed on the following basis and distributed to the following persons:
(1) To the child or children if there is no surviving spouse entitled to compensation, 662/3% of the wages of the deceased, with 10% additional for each child in excess of 2, with a maximum of 80% to be paid to their guardian;
(2) To the surviving spouse, if there are no children, 662/3% of wages provided that the minimum amount payable shall not be less than $15 per week;
(3) To the surviving spouse, if there is 1 child, 662/3% of wages;
(4) To the surviving spouse, if there are 2 children, 70% of wages;
(5) To the surviving spouse, if there are 3 children, 75% of wages;
(6) To the surviving spouse, if there are 4 or more children, 80% of wages;
(7) If there is no surviving spouse or children, then to the parents, or the survivor of them, if actually dependent upon the employee for at least 50% of their support at the time of the worker’s death, 20% of wages;
(8) If there is no surviving spouse, children or dependent parent, then to the siblings, if actually dependent upon the decedent for at least 50% of their support at the time of the worker’s death, 15% of wages for 1 sibling, and 5% additional for each additional sibling, with a maximum of 25%, such compensation to be paid to their guardian.
Terms Used In Delaware Code Title 19 Sec. 2330
- Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
- Child: includes stepchildren and adopted children and children to whom the deceased stood in loco parentis if members of the decedent's household at the time of the decedent's death, and includes posthumous children but not married children. See Delaware Code Title 19 Sec. 2301
- Decedent: A deceased person.
- Department: means the Department of Labor. See Delaware Code Title 19 Sec. 2301
- Dependent: A person dependent for support upon another.
- Dependent: includes all persons other than the injured employee who are entitled to compensation under the elective schedule set forth in this chapter, and wherever the context requires it, includes the personal representatives and the surviving spouse of the deceased, and guardians of infants or trustees for incompetent persons. See Delaware Code Title 19 Sec. 2301
- Employee: means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer's contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker's own home, or on the premises not under the control or management of the employer. See Delaware Code Title 19 Sec. 2301
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) The wages upon which death compensation shall be based shall not in any case be taken to exceed the average weekly wage per week as announced by the Secretary of the Department of Labor for the last calendar year for which a determination of the average weekly wage has been made. However, the minimum amount payable to a surviving spouse entitled to compensation shall not be less than 222/9% of the said average weekly wage per week. Subject to § 2332 of this title, this compensation shall be paid during 400 weeks and in case of children entitled to compensation under this section, the compensation of each child shall continue after such period of 400 weeks until such child reaches the age of 18 years, or if enrolled as a full-time student in an accredited educational institution, until such child ceases to be so enrolled or reaches the age of 25 years, and in the case of a surviving spouse entitled to compensation under this section the compensation shall continue after such period of 400 weeks until the surviving spouse dies. Children are not entitled to compensation during the period that compensation is payable to their parent, except as provided in this section; provided, however, that the compensation for any child shall not be less than $10 per week unless the total maximum benefits are being paid.
(c) Compensation shall be payable under this section to or on account of any sibling only if and while such sibling is under the age of 18 years. Compensation shall be payable under this section to or on account of any child only if and while such child is under the age of 18 years, or if over 18 years and enrolled as a full-time student, until such time as such child ceases to be so enrolled or reaches the age of 25 years. Compensation shall be payable under this section to or on account of any child beyond the age of 18 years if and while mentally or physically handicapped and actually dependent upon the deceased for at least 50 percent of their support at the time of the worker’s death.
(d) Compensation shall be payable under this section to a surviving spouse: (1) If living with deceased at the time of death; (2) if receiving or had the right to receive support at the time of death; (3) if deserted prior to and continued at the time of death; otherwise, compensation shall be distributed to the persons who would be dependents in case there was no surviving spouse.
(e) Compensation payable to the surviving spouse shall be for the use and benefit of such surviving spouse and of the dependent children, and the Board may from time to time apportion such compensation between them in such way as it deems best. The Board may require payments to be made directly to a minor who has been injured and may also require payments to be made to the person caring for any dependent minor, when, in the opinion of the Board, the expense of securing the appointment of a guardian would be disproportionate to the amount of compensation payable to such minor.
(f) If the compensation payable under this section to or on account of any person shall for any cause cease, the compensation of the remaining persons entitled thereunder shall thereafter be computed at the same rate as would have been payable to the remaining persons had they been the only persons entitled to compensation at the time of the death of the deceased, which computation shall be based upon the rates in effect at the time of the death of the deceased.
(g) Should any dependent of a deceased employee die, the right of such dependent to compensation under this section shall cease.
(h) If a surviving spouse is entitled to a benefit under this chapter, and the surviving spouse remarries, the surviving spouse’s benefit must be reduced to 90% of the original benefit for the first 10 years after the remarrying and must be reduced to 75% of the original benefit thereafter until the death of the surviving spouse.
Code 1915, § ?3193k; 29 Del. Laws, c. 233; 30 Del. Laws, c. 203, § ?4; Code 1935, § ?6081; 43 Del. Laws, c. 269, § ?9; 45 Del. Laws, c. 297, §§ ?4, 5; 47 Del. Laws, c. 340, §§ ?1-3; 19 Del. C. 1953, § ?2330; 50 Del. Laws, c. 339, §§ ?9-11; 56 Del. Laws, c. 385, § ?1; 58 Del. Laws, c. 94; 59 Del. Laws, c. 454, § ?14; 61 Del. Laws, c. 515, § ?3; 70 Del. Laws, c. 172, § ?4; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 278, § 1; 83 Del. Laws, c. 235, § 1;