Who Pays for Workers' Compensation Benefits? If you get hurt or sick on the job, you can apply for workers’ compensation benefits. If you need help applying, or if your claim has been denied, you can call Silverman, McDonald & Friedman in Wilmington, Newark, or Seaford for help.

Delaware employers must provide and pay for workers’ compensation for their employees. The workers are not required to pay into any fund in order to receive their medical and wage loss benefits. Benefits are due employees who suffer a workplace accident or an occupational illness due to their employment. There is no need for the worker to prove the employer was at fault.

Employers generally provide workers’ compensation coverage in one of three ways:

  • State-run programs. Every state in the country offers a state-run, no-fault workers’ compensation system. In Delaware, any company with at least one employee is required to carry workers’ compensation insurance.
  • Private insurance companies. Delaware has numerous private insurers. These insurances provide policies that may vary on prices and other factors depending on the size of the employer and the type of work the employer does.
  • Self-insurance. A company may be able to self-insure if they are large enough to have assets to cover workers’ compensation benefits and if the company submits to state oversight to help ensure workers will indeed be covered. Even with self-insurance, most self-insured employers use a third-party service to handle any claims including paperwork and payment of the checks to the worker and to the health care providers.

State-run and private insurance companies usually have networks of doctors, nurse case manages, prescription companies and other vendors they use to provide medical care for their employees. They also have a network of workers’ compensation defense lawyers they work with – which is why you need a premier workers’ compensation lawyer on your side.

Delaware’s workers compensation exemptions

The following workers are exempt from coverage under the State’s requirements:

  • Independent contractors
  • Agricultural and domestic workers who earn below certain pay scales
  • Government workers
  • Some real estate sales workers

Employers in exempt industries can choose to provide workers’ compensation, if they wish. Employers who don’t have workers’ compensation coverage but are required to have it can be fined three times what they should have paid in premiums.

At Silverman, McDonald & Friedman, our skilled Delaware workers’ compensation attorneys have a strong track record of success helping injured and ill works obtain their medical and wage compensation benefits. We negotiate with insurance carriers and others who are responsible for your work injury benefits. In many cases, we are able to settle your case. When cases don’t settle, we’re ready to try your case before the workers’ compensation hearing officer. To discuss your workers’ compensation claim, please call us at 302.888.2900 or fill out our contact form to discuss your safety concerns with our offices in Wilmington, Newark, and Seaford.