Delaware Code Title 19 Sec. 2362 – Notice of denial of liability; penalty for delay in payment of …
(a) An employer or its insurance carrier shall within 15 days after receipt of knowledge of a work-related injury notify the Department and the claimant in writing of: the date the notice of the claimant’s alleged industrial accident was received; whether the claim is accepted or denied; if denied, the reason for the denial; or if it cannot accept or deny the claim, the reasons therefor and approximately when a determination will be made.
Terms Used In Delaware Code Title 19 Sec. 2362
- Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
- Department: means the Department of Labor. See Delaware Code Title 19 Sec. 2301
- Employer: includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31. See Delaware Code Title 19 Sec. 2301
- Insurance carrier: means any insurance corporation, mutual association or company or interinsurance exchange which insures employers against liability under this chapter or against liability at common law for accidental injuries to employees. See Delaware Code Title 19 Sec. 2301
(b) All medical expenses shall be paid within 30 days after bills and documentation for said expenses are received by the employer or its insurance carrier for payment, unless the carrier or self-insured employer notifies claimant or the claimant’s attorney in writing that said expenses are contested or that further verification is required.
(c) In the event that the parties reach a written agreement as to compensation due to claimant, payment of compensation shall commence within 14 days of the date of that agreement. The parties must also file the original agreement, and if applicable, a receipt with the Department of Labor within 14 days of the date of the agreement.
(d) Following an award by the Board, the first payment of compensation shall be paid by the employer or its insurance carrier no later than 14 days after the award becomes final and binding pursuant to § 2349 of this title.
(e) If, following a hearing, the Board determines that the employer or its insurance carrier failed in its responsibilities under subsection (a), (b), (c) or (d) of this section, it shall assess a fine no less than $500 and no more than $2,500. The fine shall be payable to the Workers’ Compensation Fund.
Code 1915, § ?3193j; 29 Del. Laws, c. 233; 30 Del. Laws, c. 203, § ?3; Code 1935, § ?6080; 47 Del. Laws, c. 160, § ?4; 19 Del. C. 1953, § ?2362; 50 Del. Laws, c. 339, § ?20; 58 Del. Laws, c. 531, § ?4; 70 Del. Laws, c. 95, § ?2; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 84, § ?9; 73 Del. Laws, c. 196, § ?1;