Understanding Delaware Worker Compensation Laws

We can advise you on Delaware workers comp law

What is Workers' Compensation?

Workers' Compensation is a system created by the Delaware Legislature.  It provides benefits to workers who are injured on the job or contract an occupational disease while working.

What does Delaware workers compensation law provide?

The benefits of Delaware Worker Comp Law include medical care, temporary disability payments, and compensation for a permanent impairment suffered on the job. Benefits may be paid voluntarily, but it is often necessary to petition the Office of Workers' Compensation for relief.  Our attorneys can provide legal assistance for securing worker compensation benefits.

Who administers Delaware workers compensation law?

Workers' compensation benefits and requirements are administered by the Delaware Department of Labor, Division of Industrial Affairs, office of Workers' Compensation.

Who is covered by Delaware worker compensation law?

Employers who employ one or more workers are required to carry workers' compensation insurance.

Who is exempt?

Farm workers are exempt from the workers' compensation statute.  However, farm workers’ employers may elect to provide worker compensation insurance coverage.  Workers considered to be independent contractors, rather than employees, are not covered.

How do I file a claim?

It is the worker’s responsibility to make sure that all worker compensation paperwork is filed correctly. Those seeking to file a worker compensation claim should seek legal advice to make sure their claim is properly handled and their rights protected, especially in cases of serious injury or death.

Follow these steps to file a worker compensation claim:

1. Immediately notify the employer in writing of the injury or occupational disease and request medical services.
2. Give notice of the claim promptly to the employer.
3. If you fail to reach agreement with your employer with regard to compensation, file an application with the Office of Workers' Compensation for a hearing before the Industrial Accident Board on the matters at issue.  Forms can be obtained from the Office of Workers' Compensation.  Our attorneys can guide you through this entire process.

If benefits are awarded, who pays them?

Benefits are paid by the employer or the employer's workers' compensation insurance carrier.  Employers are not allowed to charge an employee for any portion of the premium or expense of carrying workers' compensation insurance.

Can an employer penalize a worker for filing a claim?

The workers' compensation statute prohibits an employer from firing or discriminating against an employee who has claimed workers' compensation benefits.  It is also against the law for an employer to penalize an employee for testifying in a workers' compensation case.

Call on us for more information

Contact the offices of Silverman, McDonald, Friedman, Attorneys at Law today for a free consultation.  You can reach us toll-free at 888-571-9817 or contact us online.