Delaware Workers Compensation - laws,rules,statutes,state contacts and detailed policy information

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

Sole Proprietor: Excluded from coverage/may elect to be included - If included in coverage a sole proprietors workers compensation payroll is set at $23,400 for rating purposes as of 12-1-7. Immediate family members are covered but may be excluded.

Partners: Excluded from coverage/may elect to be included - Same as sole proprietors.

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 corporate officers workers compensation payroll is banded between $23,400 and 111,800 as of 12-1-6.

LLC Members: See special note below. From a workers compensation payroll standpoint included LLC members are rated same as corporate officers.

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.

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://www.delawareworks.com/industrialaffairs/services/workerscomp.shtml

Workers Compensation Statute:

http://delcode.delaware.gov/title19/c023/index.shtml#P-1_0

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. 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.

Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com

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Delaware Workers Compensation Laws

Workers compensation policy information for the State of Delaware