Last Updated: 07/01/2024 Page 3 of 16
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in lieu of application for STD benefits. Employees not meeting the requirements noted
in Section 9.0 of the Disability Insurance Program (DIP) Rules and Regulations posted
on SBO’s website will also be deemed to have applied for STD benefits and shall not be
eligible to utilize paid sick and/or annual leave in lieu of application for an extension of
STD benefits.
(6) If an employee is receiving Workers’ Compensation (WC) benefits due to an
injury that occurred at work, does the employee have to file an STD claim?
Yes. The Workers’ Compensation statute (Title 19, Chapter 23 of the
Delaware Code) provides benefits to workers who are injured or who contract an
occupational disease while working. The Workers’ Compensation lost wages benefit,
paid based on 66 2/3% of the employee’s average weekly wage up to a maximum
established by the Secretary of the Department of Labor, is an offset to the STD
benefit. By filing for STD benefits, the employee will receive up to 75% of pre-disability
base pay including hazardous duty pay, if applicable. The employee may use available
annual leave, sick leave, compensatory time, or donated leave to bring the 75% STD
benefit payment up to 100% of pre-disability base pay if and when the salary
supplement has been exhausted. For more information on Workers’ Compensation
(WC) benefits, please contact the Insurance Coverage Office at 1-877-277-4185 or by
(7) If an employee is receiving Personal Injury Protection (PIP) benefits due to an
injury that occurred while occupying a state owned vehicle and in the course and
scope of his/her work, does the employee have to file an STD claim?
Yes. The State of Delaware's self-insured plan provides PIP benefits which complies
with 21 Del.C. §2118 which is the Delaware PIP No-Fault Car Insurance statute. This
statute outlines Delaware’s requirements of insurance for motor vehicles and provides
benefits to workers who are injured while occupying a state owned vehicle in the
course and scope of their work. It provides payment for medical bills, lost wages,
funeral expenses, and replacement personal services for up to two years from the date
of the motor vehicle accident; or up to the amount of the State’s PIP policy limits. PIP
lost wage benefits are paid based on 80% of the average weekly wage (as of the date of
the motor vehicle accident) and determined by obtaining the biweekly compensation
rate in PHRST divided by two then multiplied by 80%. The PIP lost wage benefit is an
offset to the STD benefit. The PIP claim runs concurrent with the Workers’
Compensation claim. Once the PIP limits are exhausted, the handling of the claim is
transferred to the Workers’ Compensation carrier for further handling. By filing for STD
benefits, the employee will receive up to 75% of pre-disability base pay including
hazardous duty pay, if applicable. The employee may use available annual leave, sick
leave, compensatory time or donated leave to bring their wage and benefits payment
up to 100% of pre-disability base pay if and when the salary supplement has been