Jump ahead to learn:
- Is Workers’ Compensation insurance in Delaware required?
- How does Delaware Workers’ Comp work?
- Workers’ Comp coverage benefits in Delaware
- DE Workers’ Comp death benefits
- What are Delaware Workers’ Comp rates?
- What if you don’t have Workers’ Comp insurance in Delaware?
- Who is exempt from Workers’ Compensation DE rules?
- How NEXT helps Delaware small business owners
Is Workers’ Compensation insurance in Delaware required?
Yes. You must carry workers’ compensation insurance if you have one or more employees. Businesses may not charge employees for any part of the premium or cost of maintaining workers’ compensation coverage.
Sole proprietors and partners are not included in this requirement but can opt to include themselves in coverage. However, immediate family members working for a sole proprietor must be covered unless that person agrees to be exempted in writing.
Business owners may also apply for approval to create a self-insurance workers’ comp coverage program for their employees.
How does Delaware Workers’ Comp work?
Delaware’s workers’ compensation system provides benefits to injured workers or those who contract an occupational disease through working. The Office of Workers’ Compensation administers and enforces state laws, rules and disputes raised under the law.
Benefits include:
- Medical expenses
- Lost wages
- Rehabilitation and physical therapy
- Retraining if you can no longer do your job
- Permanent injury
- Death benefits and survivor benefits
Delaware’s laws prohibit employers from firing or discriminating against employees because they have made a workers’ compensation claim, attempted to claim benefits, or testified (or will testify) in a workers’ compensation case.
Employers or the employer’s workers’ compensation insurance carrier must pay the benefits.
If you hold a workers’ comp policy with NEXT, we strive to resolve every claim quickly. Learn more about our claims process and how our claims advocates will work with you after an employee’s work-related illness or injury.
Workers’ Comp coverage benefits in Delaware
By law, employees with work-related injuries and illnesses may be eligible for the following workers’ compensation benefits:
- Medical benefits: Help with necessary medical treatment and hospitalization related to a work injury or illness. Employers or their insurance carriers choose medical providers.
- Temporary total disability benefits: Benefits are payable for lost time exceeding three days, and full disability periods are compensable for seven days. The benefit amount is 66% of gross weekly wages, up to an established annual maximum.
- Temporary partial disability benefits. If an employee returns to work part-time or at a lesser rate than their pre-injury wage, they may be eligible for ⅔ of the difference between the pre-injury wage and their current wage. The employee may receive partial disability for up to 300 weeks.
- Permanent impairment benefits: When a workplace injury or illness results in a permanent partial disability, benefits are calculated as a percentage of specific losses.
- Disfigurement benefits. An employee may file a disfigurement petition up to one year after the accident/surgery for any scar, burn or amputation caused by the workplace accident. Disfigurement is paid out up to a maximum of 150 weeks, depending on the severity of the scar.
DE Workers’ Comp death benefits
When a job-related accident or illness results in the worker’s death, benefits are payable to the worker’s dependents under Delaware workers’ compensation laws.
The number of dependents determines the weekly benefit payments, but the total payment to all dependents can’t exceed 80% of the maximum compensation rate set by the Secretary of Labor.
Children who are considered dependents will remain so until they reach the age of 18 or, if they are full-time students, until the age of 25. If a child has physical or mental disabilities, they may be eligible for additional benefits.
The employer or their insurance carrier is responsible for paying up to $3,500 in funeral expenses.
