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Delaware Workers� Comp News Continues (The Last Entry)

January 21st, 2007 Posted by Mark

That workers’ comp law passed by Governor Ruth Ann Minner doesn’t stop with just a clarification to the way that contractors and subcontractors should handle workers’ comp coverage for their employees. The new law passed and then signed last week by the governor also does a few other things to the way that workers’ comp is done in the First State.

For instance, the new law also sets up requirements for the way that attorneys have to petition the Industrial Accident Board. Now, attorneys, when petitioning the Delaware Industrial Accident Board for fees, must also send along an affidavit. Then on top of that, the new law states that any fees awarded to the counsel of an injured employee also offset the costs and payments that the employee had to pay to the lawyer later.

The law also requires that there be a new set of procedures enacted that will redefine the way that attorneys are paid for workers’ compensation cases and work. From now on, any lawyer that is representing an employee must have a fee arrangement in writing. This is meant to limit the way an attorney can collect regularly from the employee’s periodic payments of benefits.

Because of the new law, attorneys will only be allowed to collect from the employee’s benefit payment in special situations, and these special circumstances must be corroborated and approved by the Industrial Accident Board.

Another part of the new workers’ comp law allows that employers and their insurance companies can make payments for compensation benefits or health care providers, without having to worry about later relinquishing their right to argue against the workers’ comp claim. Also included in the law: the set up of a Health Care Advisory Panel to study the overall costs of health care.