Delaware Code Title 19 Sec. 2391 – Taxes on premiums of insurance carriers and payrolls of self-insurers
(a) For the privilege of carrying on the business of workers’ compensation insurance in this State, every insurance carrier shall pay the taxes imposed under the Insurance Code, and every employer carrying the employer’s own risk and thereby insuring the employer’s own self under this chapter shall pay the taxes imposed by this section.
Terms Used In Delaware Code Title 19 Sec. 2391
- 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
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Every employer carrying the employer’s own risk, and thereby insuring the employer’s self under this chapter, shall annually on or before January 30 report under oath to the Department the total amount of the employer’s payroll for the preceding calendar year, classified in accordance with classifications approved by the Department for the purpose of fixing compensation rates. The Department may verify such classifications and such statement of payroll by inspection and audit at the expense of the employer, and such verification shall be made by the rating bureau or association provided for in § 2607 of Title 18. The charges to self-insurers shall be the same charges which other insurance carriers are required to pay under this chapter. The Department shall assess against such payroll a tax computed by taking 4% of the amount of premium payable upon the payroll so ascertained in accordance with the classifications and premium rates approved by the Department for insurance against liability under this chapter. No employer shall become or continue a self-insurer under this chapter, except upon the payment of the tax for the previous calendar year. The moneys so assessed against and paid by insurers who carry their own risks shall be paid to the Secretary of Finance.
Code 1915, § ?3193eee; 30 Del. Laws, c. 204; Code 1935, § ?6127; 42 Del. Laws, c. 55, § ?3; 19 Del. C. 1953, § ?2391; 57 Del. Laws, c. 741, § ?29A; 61 Del. Laws, c. 152, § ?1; 66 Del. Laws, c. 382, §§ ?8, 9; 67 Del. Laws, c. 260, § ?1; 68 Del. Laws, c. 9, §§ ?66, 67; 70 Del. Laws, c. 172, §§ ?3, 4; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 84, § ?3; 73 Del. Laws, c. 266, §§ ?2-4;