John Doe works for an excavation company in Delaware, and earlier this year he was digging a hole for a large building project when the hole collapsed and he was crushed by the dirt and gravel. With the weight of the dirt, coupled with no oxygen, he died quickly. John was survived by his wife, Jane Doe, and their three minor children, ages 10, 6 and 3. What does the family collect for John’s untimely and horrific death?

No doubt, the issue of whether a third party was responsible for John’s demise is vitally important and will be immediately investigated. For the sake of this article, let’s assume that John’s employer was solely responsible for maintaining the hole and John’s safety (i.e., there is no third-party claim). John is entitled to receive Delaware workers’ compensation benefits, but is excluded from suing his employer per Delaware’s exclusivity laws. Under workers’ compensation laws, Delaware has statutory death benefits outlined in 19 Del.C. Section 2330 and 2331.

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