CHAPTER 243 - DELAWARE WORKMEN'S COMPENSATION LAW

AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, IN REFERENCE TO DELAWARE WORKMEN'S COMPENSATION LAW.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 6118. Sec. 48, of Chapter 175 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding at the end of the said 6118. Sec. 48, the following:

Provided, nevertheless, that in any and all cases where any employer of less than five employees carries insurance to insure the payment of compensation to such employees or any of them, or their or either of their dependents, then in any and all such cases, such employer, employers, employee and employees shall come under the provisions of this Chapter and all of the provisions thereof shall apply with the same force and effect as in cases where five or more employees are engaged, as provided in this Chapter; provided, however, that neither employer or employee shall be exclusively presumed to have elected to be bound by the compensating provisions of the Delaware Workmen's Compensation Law but such employer and employee shall jointly elect to be so bound by filing with the Industrial Accident Board a written notice of their election to so be and the said Board shall approve their acceptance of the said compensating provisions.

Approved May 3, 1937.