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Subchapter I. General Provisions
§ 2301. Definitions. - As used in this chapter: (1) “Board” means the Industrial...
§ 2301A. Industrial Accident Board. - (a) The Industrial Accident Board is continued. It shall consist...
§ 2301B. Hearing officers. - (a) There is hereby created within the Department of Labor...
§ 2301C. Workers' compensation specialist. - There is hereby created within the Department of Labor the...
§ 2301D. Annual review of Industrial Accident Board Case management. - (a) The General Assembly intends for the Industrial Accident Board...
§ 2302. Wages; definition and computation; valuation of board and lodging. - (a) “Average weekly wage” means the weekly wage earned by...
§ 2303. Territorial application of chapter. - (a) If an employee, while working outside the territorial limits...
§ 2304. Compensation as exclusive remedy. - Except as expressly excluded in this chapter and except as...
§ 2305. Exemption from liability prohibited; exception. - No agreement, rule, regulation or other device shall in any...
§ 2306. Applicability — Employers. - (a) Except as otherwise indicated, this chapter shall apply to...
§ 2307. Applicability — Domestic servants and farm laborers. - (a) This chapter shall not apply to any person employed...
§ 2308. Applicability — Executive officers; sole proprietors and partners. - (a) Executive officers of covered employers are included within this...
§ 2309. Applicability — State, counties and political subdivisions. - This chapter shall not apply to the State, any governmental...
§ 2310. Applicability to persons engaged in interstate or foreign commerce. - This chapter shall not apply to employees injured or killed...
§ 2311. Contractors, subcontractors, independent contractors and lessees of motor vehicles transporting passengers for hire as employers. - (a) Notwithstanding any other provisions in this chapter, including but...
§ 2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation. - (a) For the purposes of this chapter, volunteer firefighters shall...
§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence. - (a) Every employer to whom this chapter applies shall keep...
§ 2314. Defenses unavailable in action for compensation. - In any action instituted by any person to recover damages...
§ 2315. Compensation to illegally employed minors. - The right to receive compensation under this chapter shall not...
§ 2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors. - (a) This chapter shall not apply to licensed real estate...
§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation. - (a) For purposes of this chapter, HAZMAT team members shall...
§ 2320. Subpoena of witnesses; oaths; service of process; medical examination and testimony; various fees. - At the request of any party, subpoenas shall be issued...
Subchapter II. Payments for Injuries or Death and Incidental Benefits
§ 2321. Minimum duration of incapacity. - Permanent injury relating to hearing or vision loss, surgical, medical...
§ 2322. Medical and other services, and supplies as furnished by employer. - (a) During the period of disability the employer shall furnish...
§ 2322A. Workers' Compensation Oversight Panel. - (a) Membership; terms. — The Workers' Compensation Oversight Panel shall...
§ 2322B. Procedures and requirements for promulgation of health-care payment system. - The health-care payment system developed pursuant to this section shall...
§ 2322C. Development of health-care practice guidelines. - Health care practice guidelines shall be developed in accordance with...
§ 2322D. Certification of health-care providers. - (a) (1) Certification shall be required for a health-care provider...
§ 2322E. Development of consistent forms for health-care providers. - (a) The Workers' Compensation Oversight Panel is authorized and directed...
§ 2322F. Billing and payment for health-care services. - (a) Charges for medical evaluation, treatment and therapy, including all...
§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee. - Any employee who alleges an industrial injury shall have the...
§ 2324. Compensation for total disability. - For injuries resulting in total disability occurring after July 1,...
§ 2325. Compensation during partial disability. - For injuries resulting in partial disability for work, except the...
§ 2326. Compensation for certain permanent injuries. - (a) For all permanent injuries of the following classes, the...
§ 2327. Compensation for subsequent permanent injury; special fund for payment. - (a) Whenever a subsequent permanent injury occurs to an employee...
§ 2328. Compensation for death or disability from an occupational disease. - The compensation payable for death or disability total in character...
§ 2329. Compensation for disability resulting from occupational and other preexisting disease. - Whenever any disability from which any employee is suffering following...
§ 2330. Compensation for death. - (a) In case of death, compensation shall be computed on...
§ 2331. Burial expenses where death results from injury. - If death results from the injury, the employer shall pay...
§ 2332. Death of employee as affecting compensation and other benefits. - Should the employee die as a result of the injury,...
§ 2333. Compensation of nonresident alien dependents; representation by consular officers. - (a) Compensation under this chapter to alien dependent surviving spouses...
§ 2334. Benefit adjustment. - (a) Any person with a total disability on or after...
Subchapter III. Determination and Payment of Benefits; Procedure
§ 2341. Notice of injury; time of; and failure to give. - Unless the employer has actual knowledge of the occurrence of...
§ 2342. Notice of occupational disease; time of; failure to give. - Unless the employer during the continuance of the employment has...
§ 2343. Physical examination of employee; refusal to submit; communications not privileged. - (a) After an injury, and during the period of resulting...
§ 2344. Agreements on compensation or benefits; filing and approval; conclusiveness. - (a) If the employer and the injured employee, or the...
§ 2345. Hearing upon disagreement on amount of compensation or benefits. - If the employer and employee, or the employee's dependents in...
§ 2346. Hearing upon disagreement on charges for medical and other services and benefits - If any person charged with the payment of medical and...
§ 2347. Review by Board of agreements or awards; grounds; modification of award. - (a) On the application of any party in interest on...
§ 2348. Hearings; notice of awards; evidence. - (a) In all hearings before the Board, the Board shall...
§ 2348A. Mediation. - (a) At any time prior to 30 days after the...
§ 2349. Exceptions. - An award of the Board, in the absence of fraud,...
§ 2350. Jurisdiction, procedure and decision on appeal; review by Board; costs and security. - (a) The Superior Court shall have jurisdiction to hear and...
§ 2351. Physical examination of claimant on appeal; other additional evidence. - (a) Upon the hearing of any appeal, the Court may...
§ 2352. Persons entitled to institute proceedings for minors; notice to. - Proceedings for compensation may be instituted by the surviving parent,...
§ 2353. Forfeiture or suspension of right to compensation. - (a) If the employee refuses reasonable surgical, medical and hospital...
§ 2354. Contribution by 2 or more employers. - (a) Whenever any employee, for whose injury or death compensation...
§ 2355. Assignment of compensation prohibited; exemption from creditors' claims; child support exception. - Except for attachments pursuant to child support orders entered under...
§ 2356. Priority of compensation claims. - The right of compensation granted by this chapter shall have...
§ 2357. Collection of payments in default. - If default is made by the employer for 30 days...
§ 2358. Commutation of compensation. - (a) Upon application of either party, and on due notice...
§ 2359. Payment of award to bank in trust for employee or dependents. - (a) At any time after the entry of the award...
§ 2360. Installment payments of compensation. - Except as otherwise provided in this chapter, all compensation, except...
§ 2361. Limitation periods for claims. - (a) In case of personal injury, all claims for compensation...
§ 2362. Notice of denial of liability; penalty for delay in payment of compensation. - (a) An employer or its insurance carrier shall within 15...
§ 2363. Third person liable for injury; right of employee to sue and seek compensation; right of employer and insurer to enforce liability; notice of action; settlement and release of claim and effect thereof; amount of recovery; reimbursement of emp... - (a) Where the injury for which compensation is payable under...
§ 2365. Employee entitled to exercise rights; relief to be granted. - It shall be unlawful for any employer or the duly...
Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems
§ 2371. Insurance of employer's compensation liability. - (a) Every employer to whom this chapter applies shall insure...
§ 2372. Duty of employer to carry compensation liability insurance or to qualify as a self-insurer; deposit of security; premiums for certain summer employees. - (a) Every employer to whom this chapter applies shall insure...
§ 2373. Payment of compensation by self-insurer. - Whenever an employer who is a self-insurer under this chapter...
§ 2374. Proof of compliance with insurance requirements; liability on failure of compliance; defenses unavailable; injunction. - (a) Every employer to whom this chapter applies shall file...
§ 2375. Certificate of self-insurance; revocation. - Whenever an employer has complied with § 2372 of this...
§ 2376. Evidence of compliance with self-insurance requirements. - For the purpose of complying with § 2372 of this...
§ 2377. Substitute compensation systems; approval and termination. - (a) Subject to the approval of the Department, any employer...
§ 2378. Standard provisions of compensation insurance policies. - (a) All policies insuring the payment of compensation under this...
§ 2379. Workplace safety program. - (a) Purpose. — (1) The safety of Delaware workers is...
§ 2386. Violations by insurers or self-insurers; penalties. - (a) If any insurance corporation, mutual association or company, interinsurance...
Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund
§ 2391. Taxes on premiums of insurance carriers and payrolls of self-insurers. - (a) For the privilege of carrying on the business of...
§ 2392. Assessments for administrative expenses on insurance carriers. - (a) For the purpose of securing to the State the...
§ 2393. Notice to insurance carrier. - Whenever any officer of the State is required to give...
§ 2394. Exemption from other taxes upon premiums. - Any insurance carrier liable to pay a tax upon premiums...
§ 2395. Workers' Compensation Fund; payments by insurance carriers. - (a) Every insurance carrier insuring employers who are or may...
§ 2396. Workers' Compensation Fund; reimbursement of carriers. - (a) The Workers' Compensation Fund is created for the purpose...