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Delaware Workers Compensation Laws

Workers compensation policy information for the State of Delaware

Related Pages:  More About Delaware Rules


State:  Delaware

Authority/Rating Bureau:  DCRB, Delaware Compensation Rating Bureau, contact at: http://www.dcrb.com/shared/d_contents.htm

Compulsory:  Yes

Private Insurance:  Allowed

Self-Insurance:  Allowed

State Fund:  No state fund.

Assigned Risk:  Provided through Delaware Compensation Rating Bureau



Numerical Exceptions:  None

Individual Waivers Allowed:  No


Small Deductible Program:
Sole Proprietor:  Excluded from coverage/may elect to be included. If included the minimum rating payroll used is $450 per week and the maximum payroll is $2,350 per week as of 12-1-2011, $500/$2,400 as of 12-1-2012 and remains the same as of 2-1-2014. Immediate family members are covered but may be excluded.

Partners:  Excluded from coverage/may elect to be included. If included the minimum rating payroll used is $450 per week and the maximum payroll is $2,350 per week as of 12-1-2011, $500/$2,400 as of 12-1-2012 and remains the same as of 2-1-2014.

Corporate Officers:  Included in coverage/may elect to be exempt - Please note up to 8 corporate officers may be elect to be excluded. If included the minimum rating payroll used is $450 per week and the maximum payroll is $2,350 per week as of 12-1-2011, $500/$2,400 as of 12-1-2012 and remains the same as of 2-1-2014.

LLC Members:  See special note below. From a workers compensation payroll standpoint included LLC members are rated same as corporate officers. If included the minimum rating payroll used is $450 per week and the maximum payroll is $2,350 per week as of 12-1-2011, $500/$2,400 as of 12-1-2012 and remains the same as of 2-1-2014.

Use this link to access:  Delaware State Exclusion and Inclusion Forms - (this link will take you to a page on the Delaware State website. Once you get there scroll down to find Delaware Form C.)

A Note About Forms:  Be sure to check with your insurance company for any additional forms they may use for exclusion or inclusion of coverage.



Contractors:  See special note below.

Special Notes:  Any agricultural employee whose employer carries insurance to provide coverage for such workers or their dependents is covered. Coverage of agricultural workers is elective. Any household worker who earns $750 or more in any three-month period from a single private home or household is covered. Employers with one or more employees are required to carry workers' compensation insurance. Employers may not charge an employee any portion of the premium or expense of carrying workers' compensation insurance. Farm workers are exempt from the workers' compensation statute, however, these employers may elect to provide coverage. Workers' Compensation benefits have certain entitlement requirements which must be met in order to receive benefits. The requirements are established by law in Title 19, Delaware Code and are administered by the Delaware Department of Labor, Division of Industrial Affairs, office of Workers' Compensation. Workers considered to be independent contractors, rather than employees, are not covered.

Executive officers of corporations and members of Limited Liability Companies (LLCs) are covered under the Delaware Workers’ Compensation Law. However, up to eight (8) executive officers who are stockholders of a corporation or up to four (4) members of an LLC may elect not to be subject to Delaware Workers’ Compensation Law by completing this agreement with their corporation/LLC. SPECIAL NOTE: - CONSTRUCTION corporations/ LLCs subject to Title 30, Chapter 25 of the Delaware Code may elect to exclude up to four (4) executive officers who are stockholders of a corporation or up to four (4) members of an LLC. Executive Officers are the president, any vice president, secretary, treasurer or any other executive officer(s) elected by the board of directors in accordance with the charter and the regularly adopted by-laws of the corporation . This Executive Officer/LLC member Exclusion Procedure must be repeated each time a corporation/LLC wishes to change the status of any executive officer/LLC member and/or secures coverage from a different carrier group. Sole proprietors and partners who are contractors must be covered.


Delaware Workers Compensation Subrogation:  Subrogation for Delaware is detailed in State Statute 19 Del. C. 2363 and can be found online. To view this statute/code just use the link we've provided below. Click on the link and you will be taken directly to the Delaware Statute 19 Del. C. 2363.

Delaware Subrogation Statute


Delaware Workers While In Other States, Other States Workers While In Delaware, Extraterritorial, Reciprocity and Non-Compliance:  When a Delaware worker is working temporarily in another state, workers compensation coverage for that worker is governed by the extraterritorial provisions found in Delaware statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in Delaware. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

  • Extraterritorial: 
    • Provisions: Yes
    • Duration: Not Specific
  • Reciprocity: 
    • Allowed: No
  • Specific Statute or Reference:  19.2303 - Territorial Application of Chapter;
  • For More Information Contact:  Delaware Department of Labor, Division of Industrial Affairs, 302-761-8200




Regulated By: 

Office of Insurance Commissioner
841 Silver Lake Blvd., Rodney Building
Dover, DE 19904
302-739-4251
http://www.delawareinsurance.gov/

Office of Workers' Compensation
State Office Building, Sixth Floor
820 North French Street
Wilmington, Delaware 19801
http://dia.delawareworks.com/workers-comp/

Workers Compensation Statute: 

Workers Compensation Statute of Delaware


Didn't find what you were looking for? Search our site for more about Delaware rules: 



Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.





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