What employers need to know about DE House Bill 175

On June 27, 2013, DE Governor Jack Markell signed House Bill 175 into law, amending Titles 18 and 19 of the DE code.

Employers and insurance carriers have an increased responsibility to ensure they are communicating available modified duties to the injured worker's physician.  While the Employer's Report of Available Modified duty is not a new form, the recent changes now provide an incentive for employers to make sure these forms are being sent for each claim where temporary total disability (TTD) benefits are being paid under an Agreement As To Compensation-- an employer's eligibility for a Safety Credit requires that the they are compliant with these "back to work" procedures.  According to the bill, as of September 1, 2013, safety inspections will now include a review of the employer's compliance with these procedures, dating back to July 1, 2013.  Please review 2379(4) regarding the workplace safety credit changes.

According to 2322E.(d) of the Delaware Code, employers should provide their injured workers' physician with a completed Employer's Modified Duty Availability Report within 14 days in addition to their insurance carrier.  So, send a completed copy of this form to the doctor and to your claim representative, and do so timely. 

Having a modified duty job bank may assist employers in identifying modified duty options for their injured workers.  Utilizing our modified duty task lists forms (found at eains.com/ecovery under the ecovery Library) may be a good first step in coming up with modified duty ideas. 

Place a completed copy of the Employer's Modified Duty Availability Report form in the injured worker's WC claim file for your safety credit inspection.  Consider dating when it was sent and to whom, or include a copy of a cover letter if you use one.  According to the code, the workplace safety credit inspections will review up to three years' worth of history. 

Nothing in this post is to be construed as legal advice or risk management advice.  If you have specific questions regarding these changes, please contact your counsel or the Office of Workers' Compensation, or the Insurance Department's Consumer Services agency at 302-674-7300.