(a) This chapter shall not apply to licensed real estate salespersons or licensed associate real estate brokers who are affiliated with a licensed real estate broker under a written contract pursuant to which they are remunerated on a commission only basis and are designated as independent contractors and who qualify as independent contractors for federal tax purposes, except that a licensed real estate broker with whom they have such contracts shall have the right to elect to carry insurance to insure the payment of workers' compensation to them or their dependents for part or all of the period of such affiliation.
(b) For the purposes of this section, a licensed real estate broker with whom such licensed real estate salespersons and licensed associate real estate brokers have such independent contract affiliation shall inform in writing such licensed real estate salespersons and such licensed associate real estate brokers whether the licensed real estate broker has elected to carry insurance to insure the payment of workers' compensation to them or their dependents. If a licensed real estate broker intends to change the election concerning workers' compensation, the licensed real estate broker shall notify any licensed real estate salespersons or licensed associate real estate brokers affected thereby at least 30 days prior to the effective date of the change in the election.
Structure Delaware Code
Chapter 23. Workers’ Compensation
Subchapter I. General Provisions
§ 2301A. Industrial Accident Board.
§ 2301C. Workers' compensation specialist.
§ 2301D. Annual review of Industrial Accident Board Case management.
§ 2302. Wages; definition and computation; valuation of board and lodging.
§ 2303. Territorial application of chapter.
§ 2304. Compensation as exclusive remedy.
§ 2305. Exemption from liability prohibited; exception.
§ 2306. Applicability — Employers.
§ 2307. Applicability — Domestic servants and farm laborers.
§ 2308. Applicability — Executive officers; sole proprietors and partners.
§ 2309. Applicability — State, counties and political subdivisions.
§ 2310. Applicability to persons engaged in interstate or foreign commerce.
§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence.
§ 2314. Defenses unavailable in action for compensation.
§ 2315. Compensation to illegally employed minors.
§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation.