Created by the state legislature, workers' compensation in Delaware provides benefits to employees injured while on the job as well as those contracting an occupationally related disease. Workers' compensation gives medical benefits and disability payments to affected employees. For those with permanent injuries, the program provides long-term compensation. The Delaware Department of Labor administers the state's workers' compensation program.
Workers' Compensation Coverage
Any employer with at least one employee must purchase workers' compensation insurance coverage. Employees cannot be charged for premiums or any related workers' compensation insurance expenses. Certain categories of employees, such as agricultural workers, are exempt from Delaware's workers' compensation law, but the agricultural employer has the option to provide such coverage. Workers covered under the state law must be actual employees. Those working as freelancers or independent contractors do not qualify for coverage.
Guidelines for Injured Workers
Employees injured on the job should notify the employer at once, in writing, requesting medical treatment. According to the law, "Failure to give notice or to accept medical services may deprive the employee of the right to compensation." The employee must give the employer notice for any compensation claims for disability if the employee cannot return to work within three days of an accident. If an employee is fatally injured, an employee dependent or representative of the employee's estate must give notice to the employer.
Guidelines for Employers
When an employee receives a job-related injury, the employer must provide all required medical care, including surgery and hospitalization, if necessary. Employers has to keep records of the incident and file an official workers' compensation report, titled the First Report of Occupational Injury or Disease, with the insurance carrier and the Office of Workers' Compensation within 10 days of the accident. The employer must discern the employee's average weekly wage and compensate the injured employee for disability after the third day following the accident. The Office of Workers' Compensation approves all compensation agreements.
Hearings
In situations where an injured employee cannot reach a compensation agreement with the employer, the employee should file for a hearing before the Office of Workers' Compensation's Industrial Accident Board. The request for such a hearing must be made within two years of the accident or one year after diagnosis of an occupationally related disease. Forms for filing for a hearing and additional information may be obtained by contacting the Office of Workers' Compensation.
