Delaware Workers Comp
Delaware Workmans Comp - Compensation Law and Attorneys

Delaware workers comp is administered by the State of Delaware Office of Workers' Compensation. There are offices in Wilmington and Milford and you can reach them at 302-761-8200 or 302-422-1392. The office staff is available to assist workers who have been injured or have contracted an occupational disease from the workplace.

Benefit coverage in Delaware is fairly comprehensive. Most employers having one or more employees are required to maintain insurance for their workers. Exemptions include farm workers and federal employees who are covered under federal laws. Employees that are independent contractors rather than fulltime employees are also not covered. The cost of insurance is the responsibility of the employer and they may not deduct any portion of the expense of the premium from workers pay.

If you have been injured on the job in Delaware, after getting appropriate medical care, you must notify your supervisor and employer immediately. Delay in seeking medical treatment or informing your employer can jeopardize your rights under workers comp. Once your employer is notified of your accident, they must file a "First Report of Occupational Injury or Disease" to the Office of Workers' Compensation as well as their insurance carrier within 10 days. Your employer will also calculate your average weekly wages for a period prior to the accident and provide benefit compensation for lost wages following the third day after the incident.

Summary of Benefits

  • Medical Benefits - Injured workers have the right to select a physician for medical treatment. All eligible hospital and medical costs are provided by employers or their insurance carrier.

  • Temporary Total Disability Benefits - Payments are received in the amount of 66 2/3% of gross weekly wages prior to the incident. There is a maximum amount allowed which is set by the secretary of labor. If the worker is disabled for less than seven days, the first three days are not eligible. However, if the disability last longer than 6 days, the first three days become compensable.

  • Temporary Partial Benefits - Workers that return to work in reduced income or reduced time roles may be eligible for 2/3 of the loss between their wages prior to the accident and the new wages. These payments continue for up to 300 weeks.

  • Permanent Impairment Benefits - If a worker suffers a permanent partial disability they are eligible for benefits based on the specific loss. Losses include arms, legs, fingers, toes, eyes, ears and hands. Injuries to the back, heart and lungs may also be eligible.

  • Death Benefits - Dependents of workers killed on the job are eligible for benefit payments based upon the number of dependents. Their is a limit set by the secretary of labor. Funeral expenses up to $3,500 are also provided

Injured workers are protected under law from discrimation from their employer. The law prohibits employers from firing workers because they have submitted a workers comp claim. If your employer has denied your benefit claim, you may file a petition to the Office of Workers' Compensation. There is no fee and you will be provided with a workers compensation specialist to help throughout the hearing process.

Employees in Delaware have the right to represent themselves during the benefit claim process and are not required to have attorneys. However, workers comp law can be relatively complex and most employees are not experienced in the various requirements and rights. Many employers on the other hand may be very experienced from dealing with multiple claims over the years. It may be in the workers best interest to have the assistance of an attorney experienced in workers compensation.

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Workers comp in Delaware is administered by:
Office of Workers' Compensation
4425 North Market Street
3rd Floor
Wilmington, DE 19802
Telephone Number: 302-761-8200

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