CHAPTER 370

FORMERLY

SENATE BILL NO. 179

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 19, CHAPTER 23 OF THE DELAWARE CODE, RELATING TO WORKER'S COMPENSATION, BY PROTECTING AGAINST RETAILIATORY DISCHARGE OR OTHER ACTION OF AN EMPLOYER IN RESPONSE TO THE EXERCISE BY EMPLOYEES OF RIGHTS UNDER THE WORKER'S COMPENSATION ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 23, Title 19, Delaware Code, by adding a new §2365 to read as follows:

"§2365. Employee entitled to exercise rights: relief to be granted.

It shall be unlawful for any employer or the duly authorized agent of any employer to discharge or to retailiate or discriminate in any manner against an employee as to the employee's employment because such employee has claimed or attempted to claim worker's compensation benefits from such employer because such employee reported an employer's non-compliance with a provision of this chapter, or because such employee has testified or is about to testify in any proceeding under this chapter. Any claim of an employee alleging such action by an employer shall be filed with the Superior Court within two years of the employer's alleged action. If the Court, after hearing, finds in favor of the employee, the employee shall be restored to employment or to the position, privilege, right or other condition of employment denied by such action and shall be compensated for any loss of compensation and damages caused thereby, as well as for all costs and attorney's fees, as fixed by the Court, except that if the employee shall cease to be qualified to perform the duties of employment, the employee shall not be entitled to such restoration and compensation. An employer who violates this section shall be liable to pay a penalty of not less than $500 and not more than $3,000, as may be determined by the Court and which shall be paid to the Industrial Accident Board Second Injury and Contingency Fund. Any party shall have the right to appeal as in other cases before the Court, but if the employee's claim ultimately is sustained, the employer also shall be liable for all costs and attorney's fees on appeal."

Approved July 12, 1994.