Delaware Workers Compensation

History of Workers Compensation in Delaware

The workers’ compensation system in Delaware was established in 1917 when Governor John G. Townsend signed into law the first Workers’ Compensation Act in the state. This act required employers to provide workers’ compensation benefits to their employees who suffered from work-related injuries or illnesses.

In 1919, the Delaware Industrial Accident Board was created to oversee the administration of the workers’ compensation system in the state. The board was responsible for handling disputes and determining the amount of compensation that injured workers were entitled to receive.

Over the years, the Delaware workers’ compensation system has undergone several changes and updates to ensure that it remains fair and effective. In 1987, the Delaware Workers’ Compensation Reform Act was passed, which made significant changes to the workers’ compensation system. Among the changes included were the creation of a mediation process to resolve disputes, the establishment of a medical fee schedule, and the adoption of an objective medical criteria system to evaluate disability.

In 2007, the Delaware Workers’ Compensation Act was amended to require employers to provide medical treatment to injured workers within five days of receiving notice of the injury. The amendment also created a new ombudsman position to provide injured workers with information and assistance regarding their workers’ compensation claims.

Today, the Delaware workers’ compensation system is administered by the Delaware Department of Labor’s Office of Workers’ Compensation, which is responsible for overseeing the system and ensuring that injured workers receive the benefits they are entitled to under the law.

What is Delaware Workers’ Compensation?

In Delaware, the workers’ compensation system is designed to provide benefits to employees who have been injured or become ill as a result of their work. The following is an overview of how the system works:

1. Coverage: Most employers in Delaware are required to have workers’ compensation insurance to cover their employees. This insurance provides benefits to employees who are injured on the job or who become ill as a result of their work.
2. Reporting the Injury: If an employee is injured on the job or becomes ill due to work-related factors, they should report the incident to their employer as soon as possible. The employer should then file a report with their workers’ compensation insurance carrier.
3. Medical Treatment: The injured employee is entitled to receive medical treatment for their work-related injury or illness. The employer or their insurance carrier will typically choose the medical provider, but the injured worker has the right to request a change in provider if they are not satisfied with the care they are receiving.
4. Wage Replacement Benefits: If the injured employee is unable to work due to their injury or illness, they may be entitled to wage replacement benefits. These benefits are typically two-thirds of the employee’s average weekly wage and are subject to certain maximum and minimum limits.
5. Permanent Disability Benefits: If the injury or illness results in a permanent impairment or disability, the employee may be entitled to additional benefits.
6. Death Benefits: If an employee dies as a result of a work-related injury or illness, their dependents may be entitled to death benefits.
7. Dispute Resolution: If there is a dispute over the claim, the Delaware Office of Workers’ Compensation will hold a hearing to resolve the issue.

It’s important to note that the workers’ compensation system in Delaware is complex and can be difficult to navigate without legal assistance. Injured employees are encouraged to consult with an experienced workers’ compensation attorney to help ensure their rights are protected and they receive the benefits they are entitled to.