Delaware

The Workers Compensation system was established by the Delaware Legislature to provide benefits to employees who become injured or who contract an occupational-related disease while on-the-job. These benefits consist of medical care or temporary disability payments/compensation for any resulting permanent impairment. Benefits are payable to the family of the employee in the event of the death of the injured employee. Any benefits may be voluntarily paid or it may be required that they petition the Office of Workers Compensation.

Any employers who have one or more employees are required by law to hold workers compensation insurance. Employers are not allowed to charge an employee any fraction of the premium or expense of this workers compensation insurance.

Workers compensation benefits maintain certain entitlement requirements which have to be met in order to be given benefits. These requirements are outlined by law in Title 19, Delaware Code and are overseen by the Delaware Department of Labor, the Office of Workers Compensation, and Division of Industrial Affairs. Workers that are considered independent contractors, instead of employees, do not receive coverage.

For exceptions refer to Delaware Code Title 19, Chapter 23, Sections 2307 and 2308.

Farm workers have exemption from the workers compensation statute; however, those who employ them may still elect to provide coverage.

Federal employees, seaman, railroad workers, and maritime workers are also covered under federal workers compensation law. An injured worker covered under federal law would need to get in touch with the appropriate federal office depending on the place of the work-related injury.