From my experience as a practitioner throughout Delaware, and especially in Sussex County, it seems as though more and more of my clients have difficulty finding doctors willing to engage in the workers' compensation system. This is in part due to the increased administrative burden on medical professionals due to insurance companies' aggressive litigation tactics in defense of workers' compensation claims. Doctors are interested in treating, not haggling with insurance companies or being deposed on their choice of care for injured parties. If the reimbursement rates are not commensurate with the added requirements on doctors in a workers' compensation case, the simple result is fewer doctors will become workers' compensation certified, and fewer injured workers will get the treatment they need.
As a result of the increased rates, more than 200 additional medical providers have enrolled in the state’s workers’ compensation system since the law’s passage, expanding access to care for injured employees across the state.
This is an important development for several reasons:
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Improved Access to Care: With more providers participating, injured workers are less likely to experience delays, long travel distances, or difficulty scheduling appointments.
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Fair Compensation for Providers: Restoring reimbursement rates ensures that doctors and clinics are paid fairly for their services, encouraging more providers to accept workers’ compensation patients and strengthening the continuity of medical care.
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A More Efficient System: Greater provider participation reduces bottlenecks in pre-authorization and treatment planning. The result is a faster, more coordinated approach to managing workplace injuries, which helps employees return to work safely and sooner.
Changes in law and policy directly affect how injured workers access care and compensation. At Morris James, we closely follow developments like SB 164 to ensure that our clients receive the full benefit of the protections available under Delaware law.
Kudos to the Delaware Legislature, especially the bill's Prime Sponsor, Senator Walsh, for understanding that the workers' compensation system on the whole decreases expenses for everyone by reducing medical costs paid by public and private sources of health insurance (thereby lowering health insurance premiums for all) and protecting employers from negligence suits brought by their employees.
This critical reform expands the number of providers willing to accept and treat workers’ compensation patients, said LaKresha Moultrie, Delaware Department of Labor secretary. This was an all-hands-on-deck effort between our department, the dedicated members of the Workers’ Compensation Oversight Panel, and the legislature to get this across the finish line. I’m encouraged to see this legislation delivering immediate results and improving access to high-quality care for Delaware’s workforce.
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