1. 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 Industrial Accident Board for relief.

[Top of Page]

2. Who is covered?

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.

Workers? Compensation benefits have certain entitlement requirements which must be met in order to receive benefits.  The requirements are established by law in Title 19, Delaware Code and are administered by the Delaware Department of Labor, Division of Industrial Affairs, Office of  Workers? Compensation.  Workers considered to be independent contractors, rather than employees, are not covered.

Seamen, maritime workers, railroad workers and federal employees are covered  under federal workers? compensation law

[Top of Page]

3. What must a worker do if  injured?

The worker should notify the employer of the accident as soon as possible.  If an employer is not made aware of an accident within 90 days, a worker will not be eligible for compensation until notice is given. The notice may be given to the foreman, supervisor, personnel office, or anyone in authority at the employer?s place of business.   Notice need not be in writing.

[Top of Page]

4. Who pays benefits?

Benefits are paid by the employer or the employer?s workers compensation insurance carrier.  Employers are required by law to report an accident to the appropriate authority within 10 days after knowledge of the injury.  A report is required no matter how minor the injury.  An employer may be fined $100 to $250 for failure to file a first rep ort of injury.

[Top of Page]

5. What if an employer refuses to provide medical services and/or temporary disability benefits?

If the employer denies the claim, the employee has two (2) years from the date of accident to file a petition for compensation due with the Office of Workers? Compensation.  An employee may file a petition with or without an attorney.  There is no fee for filing a petition.  The decision on whether an employee should have an attorney is an individual one that depends on the complexity of the case.  The Office of Workers? Compensation  will not provide  an attorney for the employee.  However, a Workers? Compensation Specialist is provided to guide a claimant through the process of filing a petition and to answer any questions about the hearing process.  If the case goes to a hearing, the employee must arrange for the presence of a medical witness or the scheduling of a deposition prior to the hearing date.  Employees should be aware that employers are represented by attorneys.

[Top of Page]

6. Can an employer take action against a worker for filing a claim?

The Workers? Compensation Statute prohibits the employer from discharging 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.

[Top of Page]

7. What is the legal procedure in filing a petition?

Once a petition is filed, a pretrial hearing is scheduled by the Office of Workers? Compensation.  At the time of the pretrial, a pretrial memorandum is completed.  The employee lists all benefits that he/she is seeking and any witnesses needed for the hearing.  If the employee needs subpoenas issued to the witnesses, a list of the addresses need to be supplied at this time.  The employee needs to be aware that he/she will need to make arrangements for the presence of a medical witness or the scheduling of a deposition prior to the hearing.

Usually there is a fee involved for medical testimony payable by the employee.  Signed statements or medical records generally cannot be used as evidence.

If the employee is represented by an attorney, the attorney fills out the pretrial memorandum on the employee?s behalf.  A hearing date is then assigned.  The case may be heard by the Industrial Accident Board or by a Hearing Officer.  Hearings are held every day in the Wilmington and Milford Offices.  Petitions for wage replacement and petitions to terminate benefits are scheduled within 120 days from the date of the notice of pretrial.  The hearing is held in the office closest to the place where the injury occurred.  Although the hearing is not as formal as Superior Court, it is a formal proceeding.  The burden of proof falls on the party who filed the petition.

[Top of Page]

8. Does Workers? Compensation have a web page?

No.

[Top of Page]