In Delaware, workers compensation benefits are administered by the Department of Labor, Division of Industrial Affairs, Office of Workers Compensation. The governing laws were enacted by the Delaware Legislature. Workers compensation over all is a system to ensure recompense is paid to employees who are hurt or who fall ill of a job related disease while on the job. Benefits for workers include payment for medical services, partial wage replacement while temporarily disabled, and benefits for permanent disability. Benefits go to the dependents of the worker in the event of a job related death. These benefits may be paid on a voluntary basis, but in other instances, it is necessary for the injured person to present a petition to the Office of Workers' Compensation before receiving payment on the claim.
Employers in Delaware who have a worker or workers must hold insurance to cover benefits and medical expenses for workers who are injured on the job. The expense for insurance premiums and benefits is totally the responsibility of the employer and no part of the cost can be taken from the employee earnings. There are some classes of employees who are exempt from workers compensation laws, such as agricultural workers, but agricultural employers may choose to provide such coverage to their employees as an added benefit. The eligibility requirements for entitlement of workers compensation benefits are spelled out in Title 19 of the Delaware Code. Independent contractors are not considered eligible for workers compensation coverage. Business owners or corporate officers are typically not covered under workers compensation laws.
In Delaware, as in most other states that have workers compensation statutes on the books, a preliminary report of a work site injury or disease by law must be filed within a relatively short time frame after knowledge of the injury. Failure to file the report to the state Office of Workers' Compensation and also to the insurance carrier that holds the workers compensation insurance policy, can result in fines of up to $250 in Delaware. The initial report does not assign blame and cannot be used in a contested claim as an admission of guilt.
In Delaware, the initial claim is placed with the employer and may be paid or denied. The employee can accept a denial or can file a petition with the Office of Workers Compensation, so long as it is within a time frame of two years following the accident date. The employee can retain an attorney or argue the case themselves. The decision as to whether or not to retain an attorney will depend on the employee's ability to argue the case and the complexity of the case. The Office of Workers Compensation doesn't provide for an attorney, but specialists in the office will help to guide those with a claim through the bureaucratic process. In the event of a hearing, it is the responsibility of the employee to provide medical witnesses or to arrange for a deposition prior to the hearing. The State of Delaware requires that employers have an attorney present for representation during such hearings.
The law regarding workers compensation in Delaware bans employers from terminating or even discriminating against a worker who is claiming or has claimed workers compensation benefits. The same is true of those employees or workers who have testified or will testify in a workers compensation case. This is true whether the person is testifying for the injured worker or for the employer.
The official web site for the Office of Workers Compensation contains a wealth of information about staffing, employers, processes and results of activities surrounding workers compensation.
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