Workers’ Compensation- Insurance requirement
Employers with employees (except in certain situations) are required to carry a workers compensation insurance policy.
The Office of Workers' Compensation administers and enforces state laws, rules and regulations regarding industrial accidents and illnesses.
What is Workers' Compensation?
Workers' Compensation is a system, created by the Delaware Legislature, which provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment. In the event of the death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to petition the Office of Workers' Compensation for relief.
Employers with one or more employees are required to carry workers' compensation insurance. Employers may not charge an employee any portion of the premium or expense of carrying workers' compensation insurance.
Farm workers are exempt from the workers' compensation statute; however, these employers may elect to provide coverage.
Workers considered to be independent contractors, rather than employees, are not covered. Employers in the construction industry cannot be considered independent contractors, but shall be deemed to be an employer. Workers’ Compensation benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment. In the event of the death of an injured worker, benefits are payable to the family of the worker.
The Delaware Department of Insurance offers Delaware employers an opportunity to lower workers' compensation insurance premiums by participating in the Delaware Workplace Safety Program, for more information visit this site: http://delawareinsurance.gov/services/workplacesafetydiscount.shtml
What should an employer do if an employee is injured?
- Provide all necessary medical, surgical and hospital treatment from the date of the accident.
- Employers shall keep a record of all injuries received by employees and file a report (First Report of Occupational Injury or Disease) within 10 days in writing to the Office of Workers' Compensation and their insurance carrier.
- Ascertain the average weekly wages of the employee and provide compensation in accordance with the provisions of the law, for disability beyond the third day after the accident. All agreements for compensation must be submitted to the Office of Workers' Compensation for approval.
- Benefits are paid by the employer or the employer's workers' compensation insurance carrier. Employers are required by law to file a First Report of Occupational Injury or Disease Form within 10 days after knowledge of a work related injury to the Office of Workers' Compensation and their workers' compensation insurance carrier. A first report is required no matter how minor the injury. An employer may be fined $100 to $250 for failure to file a first report of injury. Note: the report is not an admission of liability and cannot be used as evidence in a contested claim.
- The workers' compensation statute prohibits the employer from firing or in any other manner discriminating against an employee because the employee has claimed or attempted to claim workers' compensation benefits, or because he/she has testified, or is about to testify in a workers' compensation case.
Division: Industrial Affairs
Office: Office of Workers' Compensation
How does an employer purchase workers’ compensation insurance? Employers may purchase workers’ compensation insurance from any insurance carrier or agency that is licensed to write in Delaware. If unable to secure coverage through the voluntary market, contact the Delaware Compensation Rating Bureau, to be placed in the assigned risk/residual market.
Applicable Rules and Regulations
Office of Workers' Compensation can be contacted by phone at 302-761-8200.
Registry of Licenses Search
Search for Employers' Workers Compensation Insurance Policies: http://dia.delawareworks.com/workers-comp-search.php
This search covers most of the frequently requested licenses, certifications, registrations, and filings that the State of Delaware requires. However, this is not a fully exhaustive list of every possible requirement. Please consult with the appropriate state agencies to find out if there are additional requirements you must fulfill.