Claims Kit

Physician Selection  2323  2343

Any employee who suffers an alleged work-related injury or illness has the right to receive treatment from a physician, surgeon, dentist, optometrist, or chiropractor of the their own choosing.

Notice of the employee’s intention to employ medical aid will be must be provided to the responsible employer, its insurance carrier, or the Board. Notice that medical aid was provided must be given--in writing--within 30 days of such care being commenced.

If the injury is subsequently held to be compensable, the employer will be liable for the reasonable cost of the services of any physician, surgeon, dentist, optometrist, or chiropractor whose employment was utilized by the employee provided sufficient notice was given to the employer or its insurance carrier.

Any elected or chosen medical provider must be certified to render care under the Act. The list of active certified providers can be found here.

The employer may require that the employee have an examination performed by their doctor in order to substantiate the claim. See Independent Medical Evaluations and Expert Medical Advisors for further related commentary. Note, however, that Delaware does not permit the use of the phrase independent medical examination or IME. 

Penalties for Late Reporting  2313 (C)

Every employer must keep record of all injuries, fatal or otherwise, sustained by employees in the course of their employment. A First Report of Injury or Occupational Disease is due within 10 days of notice of a work accident resulting in an alleged personal injury or occupational disease. The report is not an admission of liability and cannot be used as evidence in a contested claim.

An employer may be fined at least $100 and no less than $250 for failure to file the above required first report. This fine may be levied for each applicable offense. 

Reporting of Claim by Employer   2313

All claims, including medical-only claims, must be reported to the state. A First Report of Injury or Occupational Disease is due within 10 days of notice of a work accident resulting in an alleged personal injury or occupational disease. The report is not an admission of liability and cannot be used as evidence in a contested claim. A copy of this must be provided to the employee for their records. 

The employer or insurer is to file a supplemental report to the OWC when disability benefits are terminated. This may be in the form of a completed Agreement to Compensation Paid or Receipt of Compensation Paid.

Posting Requirements  2306

Every employer must keep a summary of the Act posted in a conspicuous and accessible location in or about the premises or place of employment where employees normally access or pass. The below poster has been provided by the Office of Workers' Compensation and satisfies this requirement. This should be posted in the employer's workplace accordingly. 

Poster - Labor Law

Poster - Labor Law (Spanish)