COVID-19 Presumption Legislation – Delaware

Delaware does not currently have a statute or law in effect that creates a presumption of compensability for COVID-19 claims, nor are there any laws pending approval.

However, COVID-19 claims are covered under Delaware’s occupation disease laws.  Pursuant to 19 Del. C. § 2301(4), a compensable occupation disease includes all occupational diseases arising out of and in the course of employment only when the exposure stated in connection in addition to that has occurred during employment.

There is a two-prong test for determining compensability.  First, the work conditions must produce the ailment.  In plain English, this means the claimant must have contracted COVID-19 at work.  Second, the nature of the claimant’s employment must pose an increased risk for exposure to COVID-19.  The mere fact that the claimant was infected at work is legally insufficient. Instead, there must be some aspect of the claimant’s employment that increases the chance of infection.  

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