Delaware Notice of Work-Related Injury and Claim for Worker's Compensation

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Description

Some state worker's compensation acts also provide that a formal claim for compensation be made, either to the employer, the compensation board, or to the state commission board with notice to the employer that the claim is being made. This claim or notice of claim is different from the notice of injury and is governed by a different, and sometimes longer, statute of limitations. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The time limit for filing a workers' compensation petition with the Delaware Office of Workers' Compensation is two years from the date of the injury for work-related accidents.

Workers' Compensation is a system, created by the Delaware Legislature, which provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment.

The statute has two purposes; to provide scheme for assured compensation for work related injuries without regard to fault and to relieve the employees and employers of the burden of civil litigation. Compensable injuries are the exclusive remedy available to the employee, 19 Del. C. § 2304.

Delaware Secretary of Labor Karryl Hubbard has announced that the average weekly wage in Delaware for 2022 is $1,301.27. Pursuant to this figure, the maximum weekly workers' compensation rate will increase to $867.52 and the minimum workers' compensation rate will now increase to $289.18.

Although the vast majority of Delaware employees must be covered by workers' compensation insurance, some types of workers are exempt, including: Low-earning farm workers and domestic workers. Some real estate sales professionals. People with government jobs.

Failure to pay or late payment of compensable benefits can result in liquidated damages up to the amount of the benefits owed. Upon proper demand a carrier has 30 days to pay all benefits owed. At the expiration of 30 days damages accrue at 10% per day up to 100% of the amount due, plus attorney fees and costs.

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Delaware Notice of Work-Related Injury and Claim for Worker's Compensation