(a) For purposes of this chapter, HAZMAT team members shall be treated as State employees so long as the State elects to be covered by application of this chapter.
(b) The wage of HAZMAT team members on which compensation is based shall be the wage received in the regular employment of such HAZMAT team members.
(c) For purposes of this section, HAZMAT team members shall include all those persons designated as HAZMAT response team members by the Department of Natural Resources and Environmental Control and/or the State Fire School, and shall include personnel currently or previously employed by private industry.
(d) Covered incidents shall include any incident where the HAZMAT team members are notified to respond, including travel to and from the incident, the incident itself, and cleanup after the incident, and any training exercises.
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.