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Who Qualifies for Workers' Compensation in Delaware



In Delaware, workers' compensation is an important part of job security for employees and presents several benefits. To ensure that you are properly informed, the following guide covers everything from understanding eligibility requirements to the common misconceptions of who qualifies for Workers' Compensation in Delaware.


If you have been injured on the job in the state of Delaware, you may be wondering whether you are eligible to receive workers’ compensation benefits. In general, most workers in Delaware are covered under the state’s workers’ compensation laws. This includes full-time, part-time, and seasonal workers who are employed by companies of all sizes. However, there are a few exceptions to this rule.


Independent Contractors


Workers who are classified as independent contractors are not eligible for workers’ compensation benefits in Delaware. To be classified as an independent contractor, you must meet all of the following criteria:

  • You have the right to control the means and methods of performing the work.

  • You are not subject to the employer's control or direction over the work performed.

  • You provide all necessary equipment, tools, and supplies.

  • You are free to hire other employees to assist with the work.

  • You are responsible for paying your own taxes and insurance.

If you are unsure whether you are an independent contractor, you should consult with an attorney who specializes in workers’ compensation law.


Volunteers


Volunteers are generally not eligible for workers’ compensation benefits in Delaware. However, some exceptions apply, such as for volunteer firefighters and ambulance workers who are injured while performing their duties.


Federal Employees


Federal employees are covered under the Federal Employees’ Compensation Act (FECA), which provides benefits for workplace injuries and illnesses. In general, federal employees are not eligible for Delaware workers’ compensation benefits.


Employers with Fewer than Four Employees


Employers with fewer than four employees are not required to carry workers’ compensation insurance in Delaware. However, if an employer with fewer than four employees voluntarily elects to carry workers’ compensation insurance, their employees are covered under the state’s workers’ compensation laws.


If you have been injured on the job in Delaware and are unsure whether you are eligible for workers’ compensation benefits, the experienced attorneys at Kimmel Carter are here to help. Call (302) 565-6100 for a free legal consultation.

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