Title 19, Labor

§ 2301D. Annual review of Industrial Accident Board Case management. (a) The General Assembly intends for the Industrial Accident Board and the hearing officers thereof to manage its caseload in a manner which recognizes the importance of determining matters before the Board in a…

§ 2301E. Data Collection Committee [Repealed].76 Del. Laws, c. 1, § 4; 79 Del. Laws, c. 55, § 1; repealed by 79 Del. Laws, c. 312, § 2, eff. July 15, 2014.;

§ 2302. Wages; definition and computation; valuation of board and lodging. (a) “Average weekly wage” means the weekly wage earned by the employee at the time of the employee’s injury at the job in which the employee was injured, including overtime pay, gratuities and regularly pa…

§ 2303. Territorial application of chapter. (a) If an employee, while working outside the territorial limits of this State, suffers an injury on account of which the employee, or in the event of the employee’s death the employee’s dependents, would have been entitled to the benef…

§ 2304. Compensation as exclusive remedy. Except as expressly excluded in this chapter and except as to uninsured motorist benefits, underinsured motorist benefits, and personal injury protection benefits, every employer and employee, adult and minor, shall be bound by this chapt…

§ 2305. Exemption from liability prohibited; exception. No agreement, rule, regulation or other device shall in any manner operate to relieve any employer or employee in whole or in part from any liability created by this chapter, except as specified in this chapter.Code 1915, § …

§ 2306. Applicability — Employers. (a) Except as otherwise indicated, this chapter shall apply to the employer and employee in any employment in which 1 or more employees are engaged. (b) In all cases where an employer not subject to this chapter carries insurance to insure the p…

§ 2307. Applicability — Domestic servants and farm laborers. (a) This chapter shall not apply to any person employed as a household worker in a private home or household who earns less than $750 in cash in any 3-month period from a single private home or household and any person …

§ 2308. Applicability — Executive officers; sole proprietors and partners. (a) Executive officers of covered employers are included within this chapter; provided, however, that as many as 8 officers who are stockholders of a corporation or as many as 8 individuals who are members…

§ 2309. Applicability — State, counties and political subdivisions. This chapter shall not apply to the State, any governmental agency created by it, each county, city, town, township, incorporated village, school district, sewer district, drainage district, public or quasi-publi…

§ 2310. Applicability to persons engaged in interstate or foreign commerce. This chapter shall not apply to employees injured or killed while engaged in interstate or foreign commerce or to their employers whenever the laws of the United States provide for compensation or for lia…

§ 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 not limited to the definitions of “employer” and “employee” in § 2301 …

§ 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 be treated as State employees so long as the State elects to be covered …

§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence. (a) Every employer to whom this chapter applies shall keep a record of all injuries, fatal or otherwise, received by employees in the course of their employment. Within 10 days after knowledge…

§ 2314. Defenses unavailable in action for compensation. In any action instituted by any person to recover damages for personal injury sustained by an employee by accident arising out of and in the course of employment within this State or for death resulting from injury so susta…

§ 2315. Compensation to illegally employed minors. The right to receive compensation under this chapter shall not be affected by the fact that a minor is employed or is permitted to be employed in violation of the laws of the State relating to employment of minors or that the min…

§ 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 salespersons or licensed associate real estate brokers who are affiliated with a licensed real estate bro…

§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation. (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 …

§ 2320. Subpoena of witnesses; oaths; service of process; medical examination and testimony; various fees. At the request of any party, subpoenas shall be issued under authority of the Department of Labor. The party requesting the subpoena shall obtain a blank subpoena from the D…

§ 2321. Minimum duration of incapacity. Permanent injury relating to hearing or vision loss, surgical, medical and hospital services, medicines and supplies, and funeral benefits shall be paid from the first day of injury. Beginning with the fourth day of incapacity, all compensa…

§ 2322. Medical and other services, and supplies as furnished by employer. (a) During the period of disability the employer shall furnish reasonable surgical, medical, dental, optometric, chiropractic and hospital services, medicine and supplies, including repairing damage to or …

§ 2322A. Workers’ Compensation Oversight Panel. (a) Membership; terms. — The Workers’ Compensation Oversight Panel shall consist of 24 members. Members serving by virtue of position may appoint a designee to serve at their pleasure in their stead. The Governor shall appoint the 1…

§ 2322B. Procedures and requirements for promulgation of health-care payment system. The health-care payment system developed pursuant to this section shall be subject to the following procedures and requirements: (1) The intent of the General Assembly in authorizing a health-car…

§ 2322C. Development of health-care practice guidelines. Health-care practice guidelines shall be developed in accordance with the following provisions: (1) The Workers’ Compensation Oversight Panel shall adopt, recommend and maintain a coordinated set of health-care practice gui…

§ 2322D. Certification of health-care providers. (a) (1) Certification shall be required for a health-care provider to provide treatment to an employee, pursuant to this chapter, without the requirement that the health-care provider first preauthorize each health-care procedure, …

§ 2322E. Development of consistent forms for health-care providers. (a) The Workers’ Compensation Oversight Panel is authorized and directed to approve, propose and maintain standard forms for the provision of health-care services pursuant to this chapter. Upon recommendation by …

§ 2322F. Billing and payment for health-care services. (a) Charges for medical evaluation, treatment and therapy, including all drugs, supplies, tests and associated chargeable items and events, shall be submitted to the employer or insurance carrier along with a bill or invoice …

§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee. Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of the employee’s own choosing. Notice of the employe…

§ 2324. Compensation for total disability. For injuries resulting in total disability occurring after July 1, 1975, the compensation to be paid during the continuance of total disability shall be 662/3% of the wages of the injured employee, as defined by this chapter, but the com…

§ 2325. Compensation during partial disability. For injuries resulting in partial disability for work, except the particular cases mentioned in § 2326(a)-(g) of this title, the compensation to be paid shall be 662/3 percent of the difference between the wages received by the inju…

§ 2326. Compensation for certain permanent injuries. (a) For all permanent injuries of the following classes, the compensation to be paid regardless of the earning power of the injured employee after the injury shall be as follows: For the loss of a hand, 66⅔% of wages during 220…

§ 2327. Compensation for subsequent permanent injury; special fund for payment. (a) Whenever a subsequent permanent injury occurs to an employee who has previously sustained a permanent injury, from any cause, whether in line of employment or otherwise, the employer for whom such…

§ 2328. Compensation for death or disability from an occupational disease. The compensation payable for death or disability total in character and permanent in quality resulting from an occupational disease shall be the same in amount and duration and shall be payable in the same…

§ 2329. Compensation for disability resulting from occupational and other preexisting disease. Whenever any disability from which any employee is suffering following the contraction of a compensable occupational disease is due in part to such occupational disease and in part to a…

§ 2330. Compensation for death. (a) In case of death, compensation shall be computed on the following basis and distributed to the following persons: (1) To the child or children if there is no surviving spouse entitled to compensation, 66⅔% of the wages of the deceased, with 10%…

§ 2331. Burial expenses where death results from injury. If death results from the injury, the employer shall pay the reasonable burial expenses of an injured employee, not exceeding $3,500, but without deduction of any amount theretofore paid for compensation or medical expense,…

§ 2332. Death of employee as affecting compensation and other benefits. Should the employee die as a result of the injury, no reduction shall be made for the amount paid for medical, surgical, dental, optometric, chiropractic or hospital services and medicines nor for the expense…

§ 2333. Compensation of nonresident alien dependents; representation by consular officers. (a) Compensation under this chapter to alien dependent surviving spouses and children not residents of the United States shall be 1/2 of the amount provided in each case for residents, and …

§ 2334. Benefit adjustment. (a) Any person with a total disability on or after May 27, 1971, or any surviving spouse or dependent who is receiving benefits under § 2330 of this title, on or after May 27, 1971, shall be entitled to an additional amount of compensation as calculate…

§ 2341. Notice of injury; time of; and failure to give. Unless the employer has actual knowledge of the occurrence of the injury or unless the employee, or someone on the employee’s behalf, or some of the dependents, or someone on their behalf, gives notice thereof to the employe…

§ 2342. Notice of occupational disease; time of; failure to give. Unless the employer during the continuance of the employment has actual knowledge that the employee has contracted a compensable occupational disease or unless the employee, or someone in the employee’s behalf, or …

§ 2343. Physical examination of employee; refusal to submit; communications not privileged. (a) After an injury, and during the period of resulting disability, the employee, if so requested by the employee’s employer or ordered by the Board, shall submit the employee’s own self f…

§ 2344. Agreements on compensation or benefits; filing and approval; conclusiveness. (a) If the employer and the injured employee, or the employee’s dependents in case of the employee’s death, reach an agreement in regard to compensation or other benefits in accordance with this …

§ 2345. Hearing upon disagreement on amount of compensation or benefits. If the employer and employee, or the employee’s dependents in the case of the employee’s death, fail to reach agreement in regard to compensation under this chapter, or if after they reach such an agreement …

§ 2346. Hearing upon disagreement on charges for medical and other services and benefits If any person charged with the payment of medical and other services and the provider to whom said payment is due fail to reach an agreement in regard to such charges, any interested party ma…

§ 2347. Review by Board of agreements or awards; grounds; modification of award. (a) On the application of any party in interest on the ground that the incapacity of the injured employee has subsequently terminated, increased, diminished, or recurred, or that the status of the de…