INDUSTRIAL AFFAIRS FAQS
Workers' Compensation
Employee/Injured Workers
- What is the maximum compensation rate?
- How do I apply for my workers' compensation benefits?
- Who pays my workers' compensation benefits?
- What benefits am I entitled to?
- Do I have the right to go to the doctor of my choice?
- Can my employer send me to the "company" doctor?
- Do I have to pay taxes on my workers' compensation benefits?
- Can my employer stop paying my benefits?
- What do I do if my employer denies my claim?
- Can my employer withhold money from my paycheck for workers' compensation insurance?
- If I work part-time am I entitled to benefits if I am injured?
Workers' Compensation
Employers/Insurance Companies
- How can our company become self-insured?
- Our company has been licensed by the Insurance Commissioner's Office and they said we had to be licensed by the Office of Workers' Compensation, too. What do we have to do?
- How do I obtain workers' compensation insurance coverage for my employees?
- How do I qualify for self-insured status?
- Do I have the right to direct medical treatment?
- Does Delaware have a medical fee schedule?
- Do I have to keep a position open when an employee is out of work due to a work- related injury or illnesses?
- Do I need to continue to pay health insurance benefits to my employees while they are receiving workers' compensation benefits?
- How may employees do I need to have before I am required to carry workers' compensation insurance?
- Are there any exemptions for coverage?
Workers' Compensation
Employee/Injured Workers
What is the maximum compensation rate?
Please see the Workers' Compensation Rate Chart.
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How do I apply for my workers' compensation benefits?
You should notify your employer of your work-related accident. Your employer has 10 days from your notification to contact the workers' compensation insurance provider.
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Who pays my workers' compensation benefits?
Benefits are paid through your employer's workers' compensation insurance company or, if your employer is self-insured, through their benefits administrator.
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What benefits am I entitled to?
You are entitled to wage replacement, medical treatment and other benefits as outlined in Title 19 Delaware Code, Chapter 23, Sections 24, 25 and 26.
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Do I have the right to go to the doctor of my choice?
Yes. Pursuant to Title 19, Chapter 23, Section 23 you have the right to treat with any physician, surgeon, dentist or other medical provider of your choice.
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Can my employer send me to the "company" doctor?
Yes. Pursuant to Title 19, Chapter 23, Section 43 your employer can require that you have an examination performed by their doctor in order to substantiate your claim.
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Do I have to pay taxes on my workers' compensation benefits?
No. Workers' compensation benefits are not taxable; however, child support payments can be withheld.
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Can my employer stop paying my benefits?
Yes. If you return to work and sign a receipt or if your employer files a petition to terminate your benefits, your benefits may stop.
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What do I do if my employer denies my claim?
You should contact the Office of Workers' Compensation. The office will provide you with information regarding the filing of a petition.
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Can my employer withhold money from my paycheck for workers' compensation insurance?
No. Your employer is responsible for workers' compensation insurance coverage.
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If I work part-time am I entitled to benefits if I am injured?
Yes. Both full/part-time employees are covered under workers' compensation.
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Workers' Compensation
Employers/Insurance Companies
How can our company become self-insured?
If the company has assets over $5 million, an employer may request an application from the Office of Workers' Compensation. If the company's assets are under $5 million it must obtain insurance through a carrier.
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Our company has been licensed by the Insurance Commissioner's Office and they said we had to be licensed by the Office of Workers' Compensation, too. What do we have to do?
Yes. Self-insured employers must be licensed by both the Insurance Commissioner’s Office and the Office of Workers' Compensation. To become licensed, submit a current financial statement and a copy of the company’s standard workers' compensation policy. If all requirements are met, a letter of approval will be mailed to the company. A copy of the same letter will be mailed to the Rating Bureau so that the company can become licensed with them as well.
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How do I obtain workers' compensation insurance coverage for my employees?
In Delaware coverage is provided through private insurance carriers or, if qualified, self-insurance.
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How do I qualify for self-insured status?
Please contact the Office of Workers' Compensation and request a self-insured employer application.
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Do I have the right to direct medical treatment?
No. Your employees have the right to treat with the medical provider of their choice. However, you do have the right to require that your employee be examined by a doctor of your choice to substantiate his/her claim.
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Does Delaware have a medical fee schedule?
Yes. Effective 5/23/08, Delaware adopted a Workers' Compensation Health Care Payment System. You may find complete information as well as an e-mail address to send questions at the following link: http://dowc.ingenix.com/DWC.asp
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Do I have to keep a position open when an employee is out of work due to a work- related injury or illnesses?
No. You do not have to keep a position open. However, not attempting to accommodate may violate other Federal statutes and may cause the individual to remain on total disability for a longer period of time. This can affect your insurance rates.
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Do I need to continue to pay health insurance benefits to my employees while they are receiving workers' compensation benefits?
You should contact the U.S. Department of Labor's Employee Benefic & Office for assistance with this question. (Call 1-866-444-3272.)
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How may employees do I need to have before I am required to carry workers' compensation insurance?
All employers with one or more employees are required to provide workers' compensation coverage for their workers.
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Are there any exemptions for coverage?
Yes. For exemptions please refer to Delaware Code Title 19, Chapter 23, Sections 2307 and 2308.
In addition, seaman, maritime workers, railroad workers and federal employees are covered under federal workers’ compensation law. An injured worker
covered under federal law would need to contact the appropriate federal office depending on the location of the work accident.
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