reglab/housing_qa huggingface dataset:
19 DE Code § 2307. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2307. Applicability — Domestic servants and farm laborers.

§ 2307. Applicability — Domestic servants and farm laborers. (a) This chapter shall not apply to any person employed as a household worker in a private home or household who earns less than $750 in cash in any 3-month period from a single private home or household and any person employed as a casual worker in a private home or household who earns less than $750 in cash in any 3-month period from a single private home or household. (b) This chapter shall not apply to farm laborers or to their respective employers unless such an employer carries insurance to insure the payment of compensation to such employees or their dependents. Code 1915, §  3193vv;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  3;  35 Del. Laws, c. 193, §  3;  36 Del. Laws, c. 253;  Code 1935, §  6118;  19 Del. C. 1953, §  2307;  52 Del. Laws, c. 244, §  2;  59 Del. Laws, c. 454, §  9;  60 Del. Laws, c. 156, §  1;  71 Del. Laws, c. 84, §  6;
19 DE Code § 2308. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2308. Applicability — Executive officers; sole proprietors and partners.

§ 2308. Applicability — Executive officers; sole proprietors and partners. (a) Executive officers of covered employers are included within this chapter; provided, however, that as many as 8 officers who are stockholders of a corporation or as many as 4 individuals who are members of a limited liability company may be exempted from this chapter if the corporation and the exempted corporate officers or the limited liability company and the exempted members agree in writing to such an exemption. Anyone or all of the officers who are stockholders of a corporation or anyone or all members of the limited liability company who elect an exemption shall for the purposes of § 2306 of this title be considered employees. (b) Sole proprietors and partners are not included within this chapter, but such sole proprietor or partner may elect coverage in accordance with § 2306 of this title. (c) Members of the immediate family of a sole proprietor or partner are included within this chapter; provided, however, that any such person may be exempted from this chapter if that person agrees in writing to such an exemption. Code 1915, §  3193qq;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  2;  35 Del. Laws, c. 193, §  2;  Code 1935, §  6113;  46 Del. Laws, c. 50, §  1;  19 Del. C. 1953, §  2308;  50 Del. Laws, c. 339, §  4;  64 Del. Laws, c. 92, §  1;  64 Del. Laws, c. 157, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 184, §  1;  72 Del. Laws, c. 185, §  2;  73 Del. Laws, c. 58, §§  1, 2;  76 Del. Laws, c. 33, §  1;
19 DE Code § 2309. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2309. Applicability — State, counties and political subdivisions.

§ 2309. Applicability — State, counties and political subdivisions. This chapter shall not apply to the State, any governmental agency created by it, each county, city, town, township, incorporated village, school district, sewer district, drainage district, public or quasi-public corporation or any other political subdivision of the State that has 1 or more employees, official or officer, whether elected or appointed unless proper authority is given by an above named entity to elect to be covered by the application of this chapter. Code 1915, §  3193vv;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  3;  35 Del. Laws, c. 193, §  3;  36 Del. Laws, c. 118, §  2;  36 Del. Laws, c. 252;  36 Del. Laws, c. 253;  37 Del. Laws, c. 100, §  2;  37 Del. Laws, c. 240, §§  1, 2;  38 Del. Laws, c. 166, §§  1, 2;  38 Del. Laws, c. 167, §§  1, 2;  Code 1935, §§  6118, 6120;  43 Del. Laws, c. 269, §  11;  43 Del. Laws, c. 271, §§  1, 2;  43 Del. Laws, c. 272, §  2;  43 Del. Laws, c. 273, §§  1, 2;  48 Del. Laws, c. 165, §  2;  19 Del. C. 1953, §  2309;  59 Del. Laws, c. 454, §  4;  60 Del. Laws, c. 156, §  2;
19 DE Code § 2310. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2310. Applicability to persons engaged in interstate or foreign commerce.

§ 2310. Applicability to persons engaged in interstate or foreign commerce. This chapter shall not apply to employees injured or killed while engaged in interstate or foreign commerce or to their employers whenever the laws of the United States provide for compensation or for liability for such injury or death. Code 1915, §  3193ww;  29 Del. Laws, c. 233;  Code 1935, §  6119;  19 Del. C. 1953, §  2310;
19 DE Code § 2312. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation.

§ 2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation. (a) For the purposes of this chapter, volunteer firefighters shall be treated as State employees so long as the State elects to be covered by the application of this chapter. (b) If the State elects not to be covered by the application of this chapter, then any duly organized volunteer fire company of the State may elect to be bound by the compensatory provisions of this chapter, provided that the election receives a majority vote of the members of the company at a duly called meeting of the company, and notice of the election is forwarded in writing to the Department. Any volunteer fire company which elects to be bound by the compensatory provisions of this chapter may, subsequent to the election, revoke the election provided the revocation receives a majority vote of the members of the company at a duly called meeting of the company and notice of the revocation is forwarded in writing to the Department. (c) The wage of volunteer firefighters on which compensation is based shall be the wage received in the regular employment of such firefighters. (d) For the purpose of this section, “volunteer fire company” and “volunteer firefighters” shall also include junior members, Auxiliary members, paid employees of volunteer fire companies, volunteer ambulance companies of this State, volunteer ambulance company members, paid employees of volunteer ambulance companies and members of the University of Delaware Emergency Care Unit. Code 1915, §  3193vv;  29 Del. Laws, c. 233;  36 Del. Laws, c. 253;  Code 1935, §  6118;  44 Del. Laws, c. 202, §  3;  46 Del. Laws, c. 28;  19 Del. C. 1953, §  2312;  64 Del. Laws, c. 412, §  1;  66 Del. Laws, c. 31, §  1;  69 Del. Laws, c. 210, §  1;  70 Del. Laws, c. 172, §  6;  70 Del. Laws, c. 303, §  1;  70 Del. Laws, c. 561, §  1;  71 Del. Laws, c. 84, §  7;
19 DE Code § 2313. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence.

§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence. (a) Every employer to whom this chapter applies shall keep a record of all injuries, fatal or otherwise, received by employees in the course of their employment. Within 10 days after knowledge of the occurrence of an accident resulting in personal injury, a report thereof shall be made in writing by the employer to the Department in duplicate on blanks to be procured from the Department for that purpose. The employer shall provide a copy of the report of injury to the employee upon completion of the report. Upon the termination of the disability of the injured employee, the employer shall make a supplemental report to the Department. (b) The reports shall contain the name and nature of the business of the employer, the location of the employer's establishment or place of work, the name, age, sex and occupation of the injured employee and shall state the time, nature and cause of the injury and such other information as may be required for properly carrying out this chapter. The employee's copy shall contain a summary of the law as provided by the Department. (c) Whoever, being an employer, refuses or neglects to make a report required by this section shall be fined not less than $100 nor more than $250 for each offense. In the event the employer can show that the failure to make a report required by this section was caused by the refusal of the insurance carrier for the employer to report a reportable injury which the insurance carrier had knowledge of and of which the employer had no knowledge, after written request therefor, the aforementioned fine may be levied against said insurance carrier. The fine shall be assessed by the Industrial Accident Board after the employer and/or the insurance carrier for the employer is given notice and a hearing on the violation. The fine shall be payable to the Workers' Compensation Fund. (d) Reports made in accordance with this section shall not be evidence against the employer in any proceedings under this chapter or otherwise but shall be exclusively for the information of the Department in securing data to be used in connection with the performance of their duties. Code 1915, §  3193x;  29 Del. Laws, c. 233;  Code 1935, §  6094;  19 Del. C. 1953, §  2313;  54 Del. Laws, c. 280, §  1;  59 Del. Laws, c. 454, §  5;  70 Del. Laws, c. 95, §  1;  70 Del. Laws, c. 172, §  4;  71 Del. Laws, c. 84, §§  3, 9, 10;  73 Del. Laws, c. 105, §§  1, 2;
19 DE Code § 2314. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2314. Defenses unavailable in action for compensation.

§ 2314. Defenses unavailable in action for compensation. In any action instituted by any person to recover damages for personal injury sustained by an employee by accident arising out of and in the course of employment within this State or for death resulting from injury so sustained, it shall not be a defense that:  (1) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of or by the negligence of a fellow employee; or (2) The employee had either expressly or impliedly assumed the risk of the injury; or (3) Injury was caused in any degree by the negligence of such employee.Code 1915, §  3193b;  29 Del. Laws, c. 233;  Code 1935, §  6072;  43 Del. Laws, c. 269, §  1;  19 Del. C. 1953, §  2314;  70 Del. Laws, c. 172, §  4;
19 DE Code § 2315. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2315. Compensation to illegally employed minors.

§ 2315. Compensation to illegally employed minors. The right to receive compensation under this chapter shall not be affected by the fact that a minor is employed or is permitted to be employed in violation of the laws of the State relating to employment of minors or that the minor obtained employment by misrepresenting the minor's own age. 19 Del. C. 1953, §  2315;  49 Del. Laws, c. 429, §  2;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2316. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors.

§ 2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors. (a) This chapter shall not apply to licensed real estate salespersons or licensed associate real estate brokers who are affiliated with a licensed real estate broker under a written contract pursuant to which they are remunerated on a commission only basis and are designated as independent contractors and who qualify as independent contractors for federal tax purposes, except that a licensed real estate broker with whom they have such contracts shall have the right to elect to carry insurance to insure the payment of workers' compensation to them or their dependents for part or all of the period of such affiliation. (b) For the purposes of this section, a licensed real estate broker with whom such licensed real estate salespersons and licensed associate real estate brokers have such independent contract affiliation shall inform in writing such licensed real estate salespersons and such licensed associate real estate brokers whether the licensed real estate broker has elected to carry insurance to insure the payment of workers' compensation to them or their dependents. If a licensed real estate broker intends to change the election concerning workers' compensation, the licensed real estate broker shall notify any licensed real estate salespersons or licensed associate real estate brokers affected thereby at least 30 days prior to the effective date of the change in the election. 66 Del. Laws, c. 116, §  1;  70 Del. Laws, c. 172, §  3;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2317. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation.

§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation. (a) For purposes of this chapter, HAZMAT team members shall be treated as State employees so long as the State elects to be covered by application of this chapter. (b) The wage of HAZMAT team members on which compensation is based shall be the wage received in the regular employment of such HAZMAT team members. (c) For purposes of this section, HAZMAT team members shall include all those persons designated as HAZMAT response team members by the Department of Natural Resources and Environmental Control and/or the State Fire School, and shall include personnel currently or previously employed by private industry. (d) Covered incidents shall include any incident where the HAZMAT team members are notified to respond, including travel to and from the incident, the incident itself, and cleanup after the incident, and any training exercises. 72 Del. Laws, c. 155, §  1;  77 Del. Laws, c. 380, §  1;
19 DE Code § 2321. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2321. Minimum duration of incapacity.

§ 2321. Minimum duration of incapacity. Permanent injury relating to hearing or vision loss, surgical, medical and hospital services, medicines and supplies, and funeral benefits shall be paid from the first day of injury. Beginning with the fourth day of incapacity, all compensation otherwise provided by law shall be paid. If the incapacity extends to 7 days or more, including the day of injury, the employee shall receive all compensation otherwise provided by law from the first day of injury. Code 1915, §  3193h;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  2;  32 Del. Laws, c. 186, §  1;  37 Del. Laws, c. 239, §  1;  Code 1935, §  6078;  43 Del. Laws, c. 269, §  6;  19 Del. C. 1953, §  2321;  49 Del. Laws, c. 429, §  1;  70 Del. Laws, c. 205, §  1;  70 Del. Laws, c. 532, §  1;
19 DE Code § 2323. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee.

§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee. Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of the employee's own choosing. Notice of the employee's intention to employ medical aid as aforesaid shall be given to the employee's employer or its insurance carrier or to the Board. Notice that medical aid was employed as aforesaid shall be given within 30 days thereafter to the employer or its insurance carrier in writing. If the alleged injury is subsequently held to be compensable, the employer shall be liable for the reasonable cost of the services of any physician, surgeon, dentist, optometrist or chiropractor whose employment was utilized by the employee provided notice of said employment was given to the employer or its insurance carrier. Code 1915, §  3193h;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  2;  32 Del. Laws, c. 186, §  1;  Code 1935, §  6078;  44 Del. Laws, c. 201;  19 Del. C. 1953, §  2323;  50 Del. Laws, c. 267, §  2;  53 Del. Laws, c. 126, §  3;  55 Del. Laws, c. 83, §  2;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2324. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2324. Compensation for total disability.

§ 2324. Compensation for total disability. For injuries resulting in total disability occurring after July 1, 1975, the compensation to be paid during the continuance of total disability shall be 662/3% of the wages of the injured employee, as defined by this chapter, but the compensation shall not be more than 662/3% of the average weekly wage per week as announced by the Secretary of the Department of Labor for the last calendar year for which a determination of the average weekly wage has been made, nor less than 222/9% of the average weekly wage per week. If at the time of the injury the employee receives wages of less than 222/9% of the average weekly wage per week, then the employee shall receive the full amount of such wages per week, as compensation. Nothing in this section shall require the payment of compensation after disability ceases. Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  32 Del. Laws, c. 186, §  2;  35 Del. Laws, c. 192, §  1;  37 Del. Laws, c. 239, §  2;  Code 1935, §  6080;  43 Del. Laws, c. 269, §  8;  45 Del. Laws, c. 297, §  1;  46 Del. Laws, c. 29;  47 Del. Laws, c. 160, §  1;  48 Del. Laws, c. 190, §  1;  19 Del. C. 1953, §  2324;  50 Del. Laws, c. 339, §  6;  50 Del. Laws, c. 465, §  2;  52 Del. Laws, c. 27;  57 Del. Laws, c. 520, §  1;  59 Del. Laws, c. 454, §  10;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2325. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2325. Compensation during partial disability.

§ 2325. Compensation during partial disability. For injuries resulting in partial disability for work, except the particular cases mentioned in § 2326(a)-(g) of this title, the compensation to be paid shall be 662/3 percent of the difference between the wages received by the injured employee before the injury and the earning power of the employee thereafter; but such compensation shall not be more than 662/3 percent of the average weekly wage per week as announced by the Secretary of Labor for the last calendar year for which a determination of the average weekly wage has been made. This compensation shall be paid during the period of such partial disability for work, not, however, beyond 300 weeks. In construing the words “earning power of the employee thereafter” as those words appear in this section, the Board shall take into consideration the value of gratuities, board, lodging and similar advantages received by the employee in subsequent employment. Code 1915, §§  139A, 3193j, 3193tt;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  32 Del. Laws, c. 186, §§  2, 4;  35 Del. Laws, c. 192, §  1;  37 Del. Laws, c. 239, §  2;  Code 1935, §  6080;  43 Del. Laws, c. 269, §  8;  45 Del. Laws, c. 297, §  2;  47 Del. Laws, c. 160, §  2;  48 Del. Laws, c. 190, §  2;  19 Del. C. 1953, §  2325;  50 Del. Laws, c. 339, §  7;  52 Del. Laws, c. 45, §  1;  57 Del. Laws, c. 520, §  2;  61 Del. Laws, c. 515, §  1;
19 DE Code § 2327. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2327. Compensation for subsequent permanent injury; special fund for payment.

§ 2327. Compensation for subsequent permanent injury; special fund for payment. (a) Whenever a subsequent permanent injury occurs to an employee who has previously sustained a permanent injury, from any cause, whether in line of employment or otherwise, the employer for whom such injured employee was working at the time of such subsequent injury shall be required to pay only that amount of compensation as would be due for such subsequent injury without regard to the effect of the prior injury. Whenever such subsequent permanent injury in connection with a previous permanent injury results in total disability as defined in § 2326 of this title, the employee shall be paid compensation for such total disability, as provided in § 2324 of this title, during the continuance of total disability, such compensation to be paid out of a special fund known as “Workers' Compensation Fund”; any insurance carrier desiring reimbursement from the Fund shall file a petition for payment, provided all claim for reimbursement shall be forever barred unless the insurance carrier files a petition with the Department for reimbursement for payments under this section within 2 years after the date on which the employee was first paid total disability benefits following the subsequent permanent injury. (b) This section shall apply only to employers insured by insurance carriers. It shall not apply to self-insured employers who shall be responsible for payment of their own claims under this section and who shall not be eligible for further reimbursement for payments made under this section after the effective date of the Workers' Compensation Improvement Act of 1997. Awards to self-insureds for reimbursements under this section are revoked as of the effective date of the Workers' Compensation Improvement Act of 1997. Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  32 Del. Laws, c. 186, §  2;  Code 1935, §  6080;  43 Del. Laws, c. 269, §  8;  45 Del. Laws, c. 299, §  1;  46 Del. Laws, c. 30;  19 Del. C. 1953, §  2327;  58 Del. Laws, c. 531, §  6;  71 Del. Laws, c. 84, §§  9, 12;  72 Del. Laws, c. 319, §  1;
19 DE Code § 2328. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2328. Compensation for death or disability from an occupational disease.

§ 2328. Compensation for death or disability from an occupational disease. The compensation payable for death or disability total in character and permanent in quality resulting from an occupational disease shall be the same in amount and duration and shall be payable in the same manner and to the same persons as would have been entitled thereto had the death or disability been caused by an accident arising out of and in the course of the employment. In determining the duration of temporary total and/or temporary partial and/or permanent partial disability, and the duration of such payments for the disabilities due to occupational diseases, the same rules and regulations as are applicable to accidents or injuries shall apply. Code 1915, §  3193rr;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  9;  Code 1935, §  6114;  41 Del. Laws, c. 241, §  1;  19 Del. C. 1953, §  2328;