The Brandywine River played an important role in the rights bestowed upon injured workers in the First State. Initially, cotton mills were constructed along the Brandywine River, and so began the industrialization of Delaware. Following the success of the cotton mills, eventually gunpowder mills were also built on the Brandywine and, just like the cotton mills, they capitalized on all the benefits the Brandywine had to offer. Where there is gunpowder, there is sure to be an explosion. That is exactly what happened in Delaware in 1818 when 33 people were killed in an explosion at one of the gunpowder mills on the Brandywine. The workers’ families killed at the gunpowder mill explosion were never properly compensated for the loss of life they endured. It was clear that a proper system of compensation for work injury and illness was sorely needed, but unfortunately for the mill workers, it was not established until much, much later.

With the rise of industrialization in Delaware, so too rose the incidence of severe and fatal injuries sustained on the job. Early on, injured workers sought compensation through the court system for their injuries. Employers at that time often (successfully) challenged these claims on grounds of assumption of the risk or comparative negligence, thereby eliminating the possibility of recompense for the injured worker. Conversely, if an injured worker was successful in their claim, there was no limit to the amount of damages that could be awarded to them. As a compromise between the employers and employees, the workers’ compensation system was established which capped the awards payable to the injured worker and also eliminated the requirement that the worker prove that the employer acted negligently.