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What are the Exceptions to the ‘Coming and Going Rule’ in Delaware?
What are the Exceptions to the ‘Coming and Going Rule’ in Delaware?

Do You Know the Rule? Under the “coming and going rule,” workers in Delaware and other states generally are not entitled to workers’ compensation for injuries that happen on their way to work or on […]
Was Farm Company’s Truck Driver a ‘Farm Laborer’ Exempt from Delaware’s WCA?
Was Farm Company’s Truck Driver a ‘Farm Laborer’ Exempt from Delaware’s WCA?

What Do You Think? Townsend, DE (WorkersCompensation.com) -- In Delaware, employers generally are not required to provide workers’ compensation benefits to “farm laborers.” But what is a farm laborer? The picture that may come to […]
Delaware State Workers’ Compensation Contact Information
Delaware State Workers’ Compensation Contact Information

State Offices Department of Insurance Commissioner Trinidad Navarro Phone: 302-674-7305Fax:Email: Disability Determination Services - New Castle Phone: 302-324-7600Fax:Email: Division of Employment & Training - Dover Phone: 302-739-5473Fax:Email: Division of Employment & Training - Georgetown Phone: […]
Perdue Worker Doesn’t Establish that COVID-19 was ‘Natural to’ Work Environment
Perdue Worker Doesn’t Establish that COVID-19 was ‘Natural to’ Work Environment

Dover, DE (WorkersCompensation.com) -- People whose jobs required them to be onsite during the worst of the COVID-19 surely faced a greater risk of contracting SARS-CoV-2 than their work-from-home counterparts, but does that mean that […]
What Do You Think: Was Meals on Wheels Accident Within Scope of Employment?
What Do You Think: Was Meals on Wheels Accident Within Scope of Employment?

Newark, DE (WorkersCompensation.com). When an employer involves employees in volunteer work, that work can result in a compensable injury if it occurred within the scope of employment. A case involving a customer service representative  for […]
Delaware Supreme Court Reverses Itself, Allows Workers’ Compensation Subrogation Of UIM Benefits
Delaware Supreme Court Reverses Itself, Allows Workers’ Compensation Subrogation Of UIM Benefits

By Gary L. Wickert  The ability of a workers’ compensation carrier to subrogate against and/or seek reimbursement from a recovery made from a third-party tortfeasor responsible for causing the employee’s work-related injuries is universally recognized […]
Case Lesson: Del. Top Court Overturns Precedent, Allows Subrogation Lien
Case Lesson: Del. Top Court Overturns Precedent, Allows Subrogation Lien

Overruling Simendinger v. National Union Fire Insurance Co., 74 A.3d 609 (Del. 2013), the Delaware Supreme Court decided that the state's workers' compensation law expressly allowed an employer and carrier to assert a subrogation lien […]
Delaware—Employer/Workers Compensation Carrier Right to Assert a Subrogation Lien
Delaware—Employer/Workers Compensation Carrier Right to Assert a Subrogation Lien

On September 1, 2023, the Supreme Court of Delaware, in Horizon Services, Inc. v. Henry, reversed its previous precedent and held that the state’s workers compensation (WC) law allows an employer/carrier (E/C) to assert a subrogation lien […]