Human Resources

Worker's Compensation

Section: Human Resources Policies
Policy Name: Worker’s Compensation
Policy Owner: Executive Vice President
Responsible University Office: Office of Human Resources
Origination Date: January 2000
Revisions: June 5, 2003; January 2015; March 2016; March 2019
Legacy Policy Number: 4-48
  1. SCOPE OF POLICYThis policy addresses workers’ compensation benefits for all compensated employees who incur an injury on the job or illness.
  2. POLICY STATEMENTAll compensated employees of the University are protected by Worker’s Compensation Insurance for any occupational injury or illness. (Compensation may include payment or other forms of compensation, for example, room and board.) This protection covers prescribed medical treatment and hospitalization, if necessary.
    1. The University is committed to providing each employee with a safe and healthy environment in which to work and compensation for occupational injury or illness to all compensated employees.
      1. Employees who suffer a job-related injury or illness must notify his / her supervisor immediately.
        1. HR Liaisons/Supervisors/Managers/Designees: You are required to investigate the circumstances and submit Form #1, First Report of Occupational Injury or Disease Form to the Office of Human Resources, Employee Relations, 413 Academy Street, within 24 hours of the date of the injury/illness. You are also required to complete Form #2, the University of Delaware Illness/Injury Loss Investigation Report (both forms available at These forms must be completed for all employee accidents, illnesses, or injuries. The purpose of these forms is to ensure compliance with the State of Delaware Workers’ Compensation Laws, ensure proper payment of medical bills and to provide Environmental Health and Safety (EHS) with the necessary information to investigate the accident. If you have questions or need assistance, contact the Office of Human Resources, Employee Relations, at 302-831-8305 or at employee-
      2. When lost time occurs as a result of illness or injury, an employee may receive up to his/her full regular salary. Employees must use all accrued sick leave during a period of lost-time because of an illness or injury and may use accrued vacation to maintain a full salary during a period of lost-time because of a covered illness or injury. The employee may also elect to use vacation leave to continue to receive his/her full salary. The employee will retain any benefits paid by the Worker’s Compensation insurance carrier while the employee is receiving his/her full salary. If disability should continue after sick and vacation leave has been exhausted, the employee will receive Worker’s Compensation benefit payments directly from the University’s Worker’s Compensation insurance carrier.
        1. HR Liaisons/Supervisors/Managers: If sick and vacation leave have been exhausted, process the change in the Job Employee Data Form (JED) indicating which days are paid sick leave days and which days are without pay.
    2. The University may, at its option, designate Worker’s Compensation Leave as FMLA leave, if appropriate, and such Worker’s Compensation Leave will run concurrently with FMLA leave.
    3. Short-term disability benefits may be available to some eligible employees. For more information contact the Office of Human Resources at 302-831-2171 or at