LexisNexis® Legal Newsroom
Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal, No. SC 91834, 2012 Mo Lexis 109 (June 12, 2012) ....

Delaware: Election of Remedies Issue Depends Upon Resolution to Final Judgment, Not Successful Resolution Question

As is the case in a number of states, Delaware allows an injured employee of an uninsured employer two avenues of relief: (a) to pursue workers’ compensation benefits against the employer with the Industrial Accident Board, and (b) to sue the employer in tort. Where an employee initially sought...