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.
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.
Find out about workers comp codes
Learn more about what is workers comp