Title 21, Title 21: Labor

§ 605. Testimony of person outside the State, how taken Upon the application of a party in a cause pending before the Commissioner and on such notice to the adverse party or the adverse party’s attorney as the Commissioner deems reasonable, the Commissioner may issue a commission…

§ 606. Determination of questions Questions arising under the provisions of this chapter, if not settled by agreement of the interested parties with the approval of the Commissioner, shall be determined, except as otherwise provided, by the Commissioner. (Amended 2023, No. 85 (Ad…

§ 607. Decisions; enforcement; appeals The decisions of the Commissioner shall be enforceable by the Superior Court under the provisions of section 675 of this chapter. From such a decision, an appeal shall lie in the same manner as other appeals from the Commissioner. However, i…

§ 608. Application of chapter when State not an employer The provisions of this chapter shall not be construed so as to make the State an employer where it only renders State aid to a municipality or approves of its plans or supervisors.

§ 610. Election by State as employer The provisions of this chapter relating to the State as an employer shall be deemed to be an election by the State where an election is required by the provisions of this chapter.

§ 616. Employments covered (a) Except as otherwise provided in this section and other provisions of this chapter, this chapter shall apply to all employment in this State, and where provided, to employment outside of the State. (b) This chapter does not apply to employment in any…

§ 618. Compensation for personal injury (a)(1)(A) If a worker receives a personal injury by accident arising out of and in the course of employment by an employer subject to this chapter, the employer or the insurance carrier shall pay compensation in the amounts and to the perso…

§ 619. Injuries outside State If a worker who has been hired in this State receives personal injury by accident arising out of and in the course of such employment, he or she shall be entitled to compensation according to the law of this State even though such injury was received…

§ 620. Worker hired outside State If a worker who has been hired outside this State is injured while engaged in his or her employer’s business and is entitled to compensation for such injury under the law of the state where he or she was hired, he or she shall be entitled to enfo…

§ 621. Interstate commerce The provisions of this chapter shall affect the liability of employers to employees engaged in interstate or foreign commerce or otherwise only so far as the same is permissible under the laws of the United States.

§ 622. Right to compensation exclusive Except as provided in subsection 618(b) and section 624 of this title, the rights and remedies granted by the provisions of this chapter to an employee on account of a personal injury for which he or she is entitled to compensation under the…

§ 623. Contracts to work outside State Employers who hire workers within this State to work outside the State may agree with such workers that the remedies under the provisions of this chapter shall be exclusive as regards injuries received outside this State by accident arising …

§ 624. Dual liability; claims, settlement procedure (a)(1) Where the injury for which compensation is payable under the provisions of this chapter was caused under circumstances creating a legal liability to pay the resulting damages in some person other than the employer, the ac…

§ 625. Contracting out forbidden An employer shall not be relieved in whole or in part from liability created by the provisions of this chapter by any contract, rule, regulation, or device whatsoever. (Amended 1963, No. 134, § 1, eff. June 6, 1963.)

§ 632. Compensation to dependents; burial and funeral expenses (a)(1) If death results from the injury, the employer shall pay to the persons entitled to compensation or, if there are none, then to the personal representative of the deceased employee, the actual burial and funera…

§ 633. Apportionment of compensation The Commissioner shall, from time to time, apportion such compensation between any and all dependents named in section 632 of this title in such manner as he or she deems best and in making such apportionment he or she shall, insofar as it is …

§ 634. Dependents; construction The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of sections 632 and 633 of this title: (1) A child, if under 18 years of age, or incapable of self-support and unmarried, whether or …

§ 635. Periods of compensation The compensation provided for by the provisions of this chapter shall be payable during the following periods: (1) Spouse. (A) To a spouse until the earlier of: (i) 62 years of age, if at that time the spouse is entitled to benefits under the Social…

§ 636. Compensation for unexpired period; determined Upon the cessation of compensation under section 635 of this title to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compe…

§ 637. Death benefits; rival claimants Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent or dependents prior in right have given him not…

§ 639. Death, payment to dependents In cases of the death of a person from any cause other than the accident during the period of payments for disability or for the permanent injury, the remaining payments for disability then due or for the permanent injury shall be made to the p…

§ 640. Medical benefits; assistive devices; home and automobile modifications (a) An employer subject to the provisions of this chapter shall furnish to an injured employee reasonable surgical, medical, and nursing services and supplies, including prescription drugs and durable m…

§ 640a. Medical bills; payment; dispute (a) Not later than 30 days following receipt of a bill from a health care provider for medical, surgical, hospital, nursing services, supplies, prescription drugs, or durable medical equipment provided to an injured employee, an employer or…

§ 640b. Request for preauthorization to determine if proposed benefits or services are necessary (a) As used in this section: (1) “Benefits” means medical treatment and surgical, medical, and nursing services and supplies, including prescription drugs and durable medical equipmen…

§ 640c. Opioid usage deterrence (a) In support of the State’s fundamental interest in ensuring the well-being of employees and employers, it is the intent of the General Assembly to protect employees from the dangers of prescription drug abuse while maintaining a balance between …

§ 641. Vocational rehabilitation (a) When as a result of an injury covered by this chapter, an employee is unable to perform work for which the employee has previous training or experience, the employee shall be entitled to vocational rehabilitation services, including retraining…

§ 642. Temporary total disability benefits (a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with the day of the accident to be counted as the first day unless the employee received full wages for that day, the…

§ 642a. Temporary total; insurer review The employer shall review every claim for temporary total disability benefits that continues for more than 104 weeks. Not later than 30 days after 104 weeks of continuous temporary total disability benefits have been paid, the employer shal…

§ 643. Period of payments Payments shall not continue after such disability ends. (Amended 1977, No. 182 (Adj. Sess.), § 9, eff. May 3, 1978.)

§ 643a. Discontinuance of benefits Unless an injured worker has successfully returned to work, an employer shall notify both the Commissioner and the employee prior to terminating benefits under either section 642 or 646 of this title. The notice of intention to discontinue payme…

§ 643b. Reinstatement; seniority and benefits protected (a) As used in this section: (1) “Employer” has the same meaning as in section 601 of this chapter provided that this section shall only apply to employers who regularly employ at least 10 employees of whom at least 10 work …

§ 643c. Commissioner to provide notice; monitoring The Commissioner shall notify the employer and worker of the provisions of section 643b of this title as soon as a claim is filed if, in the Commissioner’s opinion, it appears that they will be affected by the requirement for rei…

§ 643d. Work search; requirements; exceptions (a) An employer may require an employee who is receiving temporary disability benefits pursuant to section 646 of this chapter to engage in a good faith search for suitable work if: (1) the injured employee is medically released to re…

§ 644. Permanent total disability (a) In case of the following injuries, the disability caused thereby shall be deemed total and permanent: (1) the total and permanent loss of sight in both eyes; (2) the loss of both feet at or above the ankle; (3) the loss of both hands at or ab…

§ 645. Amount payable (a) In case of an injury enumerated in section 644 of this title, the employer shall pay to the injured employee 66⅔ percent of the employee’s average weekly wages, computed as provided in section 650 of this title and subject to the maximum and minimum week…

§ 646. Temporary partial disability benefits (a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of: (A) the diffe…

§ 647. Period of payment Payments pursuant to section 646 of this chapter shall not continue after the injured employee’s temporary partial disability ends. (Amended 1977, No. 182 (Adj. Sess.), § 12, eff. May 3, 1978; 2023, No. 85 (Adj. Sess.), § 132, eff. July 1, 2024.)

§ 648. Permanent partial disability benefits (a) Where the injury results in a partial impairment which is permanent and which does not result in permanent total disability, compensation shall be paid during the period of total disability, as provided in sections 642 and 643 of t…

§ 649. Injuries not covered; burden of proof Compensation shall not be allowed for an injury caused by an employee’s willful intention to injure himself, herself, or another or by or during his or her intoxication or by an employee’s failure to use a safety appliance provided for…

§ 650. Payment; average wage; computation (a)(1) Average weekly wages shall be computed in such manner as is best calculated to give the average weekly earnings of the worker during the 26 weeks preceding an injury. (2) If, because of the shortness of the time during which the wo…

§ 651. Voluntary payments Payments made by an employer or his or her insurer to an injured worker during the period of his or her disability, or to his or her dependents, which, by the provisions of this chapter, were not due and payable when made, may, subject to the approval of…

§ 652. Periodical payments; lump sum payments (a) Upon application of either party, the Commissioner may authorize compensation to be paid monthly or quarterly instead of weekly, having regard to the welfare of the employee and the convenience of the employer. (b) Upon applicatio…

§ 654. Trustee in case of lump payments; appointment; expense Whenever, for any reason, the Commissioner deems it expedient, any lump sum that is to be paid as provided in section 653 of this title shall be paid by the employer to some bank, banking institution, or trust company …

§ 655. Procedure in obtaining compensation; medical examination; video and audio recording After an injury and during the period of disability, if so requested by his or her employer, or ordered by the Commissioner, the employee shall submit to examination, at reasonable times an…

§ 655a. Release of relevant medical records by health care providers; Department to oversee release and use of relevant medical information (a) Health care providers examining or attending the examination of an injured worker pursuant to this chapter shall provide relevant medica…

§ 656. Notice of injury and claim for compensation (a) A proceeding under the provisions of this chapter for compensation shall not be maintained unless a notice of the injury has been given to the employer as soon as practicable after the injury occurred, and unless a claim for …