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Workers' Compensation Summary - Delaware

The Delaware Department of Labor, Office of Workers' Compensation administers and enforces state laws, rules and regulations regarding industrial accidents, illnesses, and Workers' Compensation. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Delaware. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Delaware Office of Workers' Compensation, and is believed current as of January 2011.

Benefit rates change annually, usually in June. Rates shown below became effective June 22, 2010.

Type of Law and Insurance Requirements

In Delaware, workers' compensation is compulsory, and no waivers are permitted. There is no state fund. Employers may insure through private carriers or self-insurance, but not through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Any agricultural employee whose employer carries insurance to provide coverage for such workers or their dependents is covered. Coverage of agricultural workers is elective.

Coverage of Domestic Employees

Any household worker who earns $750 or more in any three-month period from a single private home or household is covered.

Medical Benefits

All necessary medical treatment and hospitalization services are provided by the employer or the employer's insurance carrier with no time or monetary limitations. The employee has the right to choose the treating physician.

However, the Delaware General Assembly passed legislation (Senate Bill #1) in January 2007 which will change the provision of health care under Workers' Compensation. Section 11 of the Bill provides for a health care payment system intended to control health care costs in connection with Workers’ Compensation. The system will be developed by a Health Care Advisory Panel and later adopted by regulation of the Department of Labor. The system will provide clear schedules of maximum acceptable charges for professional services, hospital services, independent treatment centers, laboratory and pharmaceuticals. Such schedules after adoption will be adjusted annually by reference to the consumer price index. For additional information, refer to the Delaware General Assembly website at:
http://legis.delaware.gov/LIS/LIS144.NSF/vwLegislation/SB+1?Opendocument

In accordance with 19 Del. C. § 2322, and effective 5/23/08, the Governor appointed Health Care Advisory Panel (HCAP) established a Workers' Compensation Health Care Payment System (HCPS) for Delaware. This new system includes health care practice guidelines; certification of health care providers; a fee schedule; health care provider and employer forms; and utilization review.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $203.27 (22 2/9 percent of SAWW or actual wage, if less) and the maximum is $609.82, 66 2/3 percent of SAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $203.27 (22 2/9 percent of SAWW or actual wage, if less) and the maximum is $609.82, 66 2/3 percent of SAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $203.27 (22 2/9 percent of SAWW or actual wage, if less) and the maximum is $609.82, 66 2/3 percent of SAWW. For non-scheduled injuries, the maximum period of payments is 300 weeks and the maximum payment amount is $182,946.

Disfigurement Benefits

Delaware law covers disfigurements that are "serious and permanent to any part of the human body, provided that such disfigurement is visible and offensive when the body is clothed normally". An employee may file a petition for disfigurement one year post accident/surgery for any scar, burn, or amputation related to the work accident. Benefits are up to 66 2/3 percent of employee's weekly wage, for a maximum period of 150 weeks, depending on the severity of the scar.

Contact Information

Mailing Address:
Office of Workers' Compensation
P.O. Box 9954
Wilmington, DE 19809-9954

Street Address:
Office of Workers' Compensation
4425 North Market Street
3rd Floor
Wilmington, DE 19802

Phone: 302-761-8200
Fax: 302-761-6601

Internet: http://www.delawareworks.com/industrialaffairs/services/workerscomp.shtml

Additional Information

The Delaware Workers' Compensation Law (Title 19, Chapter 23 of the Delaware Code) may be found online at:
http://delcode.delaware.gov/title19/c023/index.shtml#P-1_0

The rules of the Industrial Accident Board are available online at:
http://www.delawareworks.com/industrialaffairs/information/BoardRules.shtml

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the Delaware DOL Office of Workers' Compensation at:
http://www.delawareworks.com/industrialaffairs/services/workerscomp.shtml
http://www.delawareworks.com/industrialaffairs/Forms/COMPRATE2010.pdf

Additional information was obtained from the Delaware General Assembly website at:
http://legis.delaware.gov/LIS/LIS144.NSF/vwLegislation/SB+1?Opendocument

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