DE Property & Casualty study materials
DE Property & Casualty study resources

DE Property & Casualty: Workers Compensation and Other Coverages

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Workers Compensation and Other Coverages

Workers compensation

Every state, including Delaware, requires employers to provide statutory benefits for work-related injury or disease: medical care (typically unlimited, no deductible), indemnity for lost wages (temporary total, temporary partial, permanent partial, permanent total), death benefits to dependents, and rehabilitation - without regard to fault. In exchange, the exclusive remedy rule bars employees from suing the employer for negligence, except for intentional torts.

The policy has two parts. Part One, workers compensation, pays whatever the statute requires and has no dollar limit. Part Two, employers liability, responds to suits not covered by Part One and carries limits (for example, $100,000/$500,000/$100,000). Item 3 of the declarations lists covered states; 'other states' coverage extends to temporary travel, not a permanent new operation.

Premium is payroll per $100 of remuneration times a class code rate, adjusted by an experience modification, minimum premium, and final audit. Delaware uses a competitive market with a rating organization (DCRB) and a residual market for hard-to-place employers. Sole proprietors and partners are excluded unless they elect coverage; corporate officers are included.

Other coverages

Umbrella/excess liability sits above auto, general liability, and employers liability. D&O, EPLI, fiduciary, professional/E&O, and cyber cover exposures liability policies exclude. Surety bonds (bid, performance, payment) guarantee obligations and are not insurance. Flood is written through NFIP or private markets; earthquake requires endorsement.

Traps: claiming Part One has a limit; assuming independent contractors are covered; forgetting the intentional-act exception to exclusive remedy.

Rule of thumb: no indemnity benefits until the statutory waiting period runs, then benefits are retroactive.