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The Job After an Injury

19 Del. C. § 2365 — firing someone for a workers' compensation claim is unlawful, and 2 years to sue

An employer may not discharge, retaliate or discriminate against an employee for claiming or trying to claim workers' compensation, for reporting the employer's noncompliance, or for testifying in a proceeding under the chapter.

  • 19 Del. C. § 2365
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2 years, in Superior Court. The claim is filed in Superior Court within 2 years of the employer's action. An employee who wins is restored to the job and compensated for lost pay and damages, with costs and attorney's fees.

  • 19 Del. C. § 2365

A particular firing is a question for a licensed Delaware attorney.

  • 19 Del. C. § 2365
Sources for this section (1)
  1. 19 Del. C. § 2365 — Employee entitled to exercise rights; relief to be granted

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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