Delaware workers compensation and modified-duty jobs

The insurance commissioner, Matt Denn, and the State of Delaware, have been working the past couple years on overhauling the costly, definitely for small business owners, workers compensation system. It's no secret that many employers have been frustrated by the ever increasing costs associated with the program in recent years. While it will take time for the complete overhaul to be completed, a welcome change being felt more immediately is the decrease in premiums that have lightened the insurance premium burden on business owners both large and small. One facet that is being addressed is a managed care type of system, aimed at decreasing both the cost and time involved in the claim process. Recently, while reviewing the Delaware Code referencing this, Title 19, Labor, Workers Compensation, we found an item of interest for employers. Specifically, under Chapter 23, section 2322E, paragraph (d), it states, "Within 14 days of receiving a notice of injury, an employer shall provide to the health care provider and the employer's insurance carrier, if applicable, an outline for modified-duty jobs which may be available to the employee." In other words, if an employee is hurt on the job and cannot immediately return to the position they were working at when injured due to a lengthy convalescence/rehabilitation period, employers should have a developed outline of modified-duties that the employee can perform. The statute says specifically, "which may be available to the employee", meaning that not all businesses might have modified duty options available, either due to their limited size or the specific scope of their operations. It might be a good idea to take a look at your operations now in order to be prepared should such a situation arise. If you simply aren't sure of the options for modified duty that may be available for your specific business, a good source to go to for guidance would be your agent and insurance company. All insurance companies have professional staff that can provide you with the options/information necessary to implement a modified duty plan just for your company.

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