Construction Site Injuries in Delaware
Whether an injured construction worker in Delaware can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Construction injuries: under Delaware's workers' comp law, employers and employees must accept compensation for work injuries regardless of negligence and to the exclusion of all other rights and remedies. 19 Del. C. §§ 2304, 2363
| Construction site injuries | Construction injuries: under Delaware's workers' comp law, employers and employees must accept compensation for work injuries regardless of negligence and to the exclusion of all other rights and remedies. Accepting compensation does not prevent the injured worker from suing a third party (such as another contractor or an equipment maker) whose negligence caused the injury; the employer or insurer is reimbursed from the recovery. No scaffold-law statute was searched for or reviewed. Source: 19 Del. C. §§ 2304, 2363 |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8132 |
| Deadline to sue for an injury | A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8119 |
More Delaware personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Delaware
- Wrongful Death Lawsuits in Delaware
- Medical Malpractice Rules in Delaware
- Car Accident Claims in Delaware
- Dog Bite Liability in Delaware
- Slip, Trip and Fall Injuries in Delaware
- Sidewalk and Public Property Falls in Delaware
- Motorcycle Accident Claims in Delaware
- Pedestrian Accident Claims in Delaware
- Bicycle Accident Claims in Delaware
- Uber and Lyft Accident Claims in Delaware
- All Delaware personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Delaware?
Construction injuries: under Delaware's workers' comp law, employers and employees must accept compensation for work injuries regardless of negligence and to the exclusion of all other rights and remedies. Accepting compensation does not prevent the injured worker from suing a third party (such as another contractor or an equipment maker) whose negligence caused the injury; the employer or insurer is reimbursed from the recovery.
Can you recover damages if you were partly at fault in Delaware?
Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence.
What is the statute of limitations for personal injury in Delaware?
A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.