["Workers' Compensation"]
["Workers' Compensation"]
12/11/2024
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Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Self-insurance by private carrier or individual employer.
Exemptions from WC: Agricultural worker coverage is voluntary. Farm workers earning less than $750 in any 3-month period are not covered.
Medical benefits provided: Full
Physician selection: Employee makes initial choice of physician.
Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability.
Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability.
Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for up to 300 weeks.
Scheduled awards: Paid in addition to and concurrently with temporary total disability benefits. Awards are not reduced because of receipt of TTD benefits.
Disfigurement benefits: Permanent and serious disfigurement to exposed parts of the human body are compensated at a rate of 66 2/3 percent of employee’s weekly wage for up to 150 weeks.
Death benefits for surviving spouse and children: A spouse alone receives 66 2/3 percent and a spouse with children receives 80 percent of the employee’s wage while a widow/widower and children until 18. Two-year lump sum payable upon remarriage. Children are compensated until age 25 if full-time students.
Maximum burial allowance: $3,500
Waiting period: 3 days. Compensation is retroactive if disability continues for 6 days from date of injury. No waiting period in case of amputation of a member of the body, or a part thereof, or when the injury results in hospitalization of the employee.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers must pay VR costs and board, lodging, and travel expenses during PR and VR. Employees must accept both PR and VR or their compensation may be lost. Employees receive TTD benefits during VR.
Attorney fees: 30 percent of award or 10 times the state average weekly wage, whichever is less, statute, determined by agency and court
Occupational hearing loss statutes: Employee has 1 year from date of discover to file for compensation. Benefits for one ear are $39,287, both are $91,670. Hearing loss is determined by medical evaluation with a deduction for pre-existing loss.
What’s new - Division of Industrial Affairs
State
Contact
Delaware Office of Workers’ Compensation
Regulations
Delaware Code, Title 19, Chapter 23
Federal
Contacts
None.
Regulations
None.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.