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Workers’ Compensation
Overview & Key Concepts
- What is Workers’ Compensation in Delaware?
- What rights do employers have during the Workers’ Compensation claim process?
- What does Workers’ Compensation NOT cover?
- How does Delaware’s no-fault system work?
- What benefits does Workers’ Compensation provide to injured employees?
- Who must carry Workers’ Compensation insurance?
- What are an employer’s responsibilities in the Workers’ Compensation system?
Insurance Coverage Requirements
- When is an employer required to carry Workers’ Compensation insurance?
- Are out-of-state employers required to have Delaware Workers’ Compensation coverage?
- Which workers may be excluded from Workers’ Compensation coverage?
- What types of Workers’ Compensation policies are available to employers?
- Are corporate officers or family members automatically covered?
- How does an employer file an exclusion form for an officer or other eligible person?
- What records should employers keep to show proof of Workers’ Compensation coverage?
Reporting Workplace Injuries
- What must an employer do when an employee reports a work-related injury?
- What immediate medical care must employers provide after an injury?
- How quickly must an employer file a First Report of Injury?
- Does filing a First Report of Injury admit employer fault?
- What information must be included in the First Report of Injury?
- What should employers tell employees after an injury is reported?
- What happens after a First Report of Injury is filed?
Managing Claims, Communication, and Hearings
- What is the employer’s role once a Workers’ Compensation claim is filed?
- When should employers consider seeking legal counsel?
- What is the Industrial Accident Board (IAB)?
- What documents must employers provide to their insurance carrier during a claim?
- How should employers communicate with injured employees during a claim?
- What should employers do if they disagree with a Workers’ Compensation claim?
- Will an employer need to attend an IAB hearing?
Wage Replacement & Disability Benefits
- When do wage replacement benefits begin for an injured employee?
- What types of disability benefits exist in Delaware?
- How are disability benefits calculated?
- What is the employer’s role in determining an employee’s average weekly wage?
- What happens if an employee can return to light-duty work?
- Can the employer offer modified or transitional work?
Permanent Impairment, Disfigurement & Death Benefits
- How does the disfigurement award process work?
- How are death benefits determined under Delaware Workers’ Compensation?
- Who qualifies as a dependent for death benefits?
- What are permanent impairment benefits?
- What qualifies as disfigurement under Delaware Workers’ Compensation law?
- What is the “Agreement for Compensation for Death” form and when is it used?
- What is the employer’s role in a death benefit claim?
Fraud, Abuse & Misconduct Prevention
- What is considered Workers’ Compensation fraud by employees?
- What signs of employee fraud should employers look for?
- How should employers document and report suspected employee fraud?
- What protections exist for employees who file legitimate Workers’ Compensation claims?
- How can employers reduce opportunities for claim misuse or misunderstanding?
Recordkeeping & Administrative Compliance
- What Workers’ Compensation records must employers keep?
- What documents should employers give employees after a workplace injury?
- How long must employers keep Workers’ Compensation records?
- What notices or postings must employers provide in the workplace?
- How should employers store medical and claim information?
- How can employers stay compliant with Workers’ Compensation requirements?