Workers’ Compensation Laws in Delaware
Delaware has a structured workers’ compensation system designed to protect employees who are injured or become ill due to their job. Administered by the Delaware Office of Workers’ Compensation, this program offers medical care, wage replacement, and support for long-term injuries without requiring workers to prove fault.
Who Is Required to Have Coverage?
Almost all employers in Delaware are required to carry workers’ compensation insurance, regardless of business size. This includes coverage for part-time and seasonal employees. Independent contractors are not automatically covered but may be eligible under certain conditions depending on the nature of their work.
Benefits Available to Workers
Delaware workers’ compensation benefits include:
- Medical expenses: Full coverage for treatment related to the work injury
- Temporary total disability (TTD): Payments for time missed from work
- Temporary partial disability (TPD): For employees returning at reduced capacity
- Permanent impairment benefits: Based on a rating of long-term disability
- Disfigurement benefits: For permanent scars or physical damage
- Death benefits: For dependents of workers who pass away due to work-related injuries
How to File a Claim
Injured workers must report their injury to their employer immediately, ideally within the same day. Employers then file a First Report of Injury with the Office of Workers’ Compensation. If disputes arise, workers may file a petition to begin a formal legal process through the state’s Industrial Accident Board.
Medical Treatment
Delaware allows workers to select their own medical provider, although they must notify the employer. Employers have the right to request an independent medical examination (IME). All reasonable and necessary medical care related to the work injury is covered by the employer’s insurance.
Statute of Limitations
Workers have 2 years from the date of injury to file a formal workers’ compensation claim. If benefits have been paid, the worker has 5 years from the date of the last payment to file for additional compensation or medical support.
Common Covered Injuries
- Sprains, fractures, and strains
- Back, shoulder, and neck injuries
- Exposure to harmful substances
- Repetitive stress injuries like carpal tunnel
- Hearing loss from noise exposure
Dispute Resolution
If a claim is denied, workers may request a hearing before the Industrial Accident Board. These hearings resemble court proceedings and may require legal representation. Mediation services are also available to resolve disputes before a formal hearing.
Legal Support and Representation
You may want to consult a lawyer if:
- Your claim is denied or delayed
- You’re offered a settlement that feels too low
- You suffer a long-term or permanent disability
- You are unsure of your rights under the law