19 Del. C. 2312
Workers' Compensation: Volunteer Firefighter
The State can choose to provide workers' compensations for volunteer firefighters who are injured or killed while providing their services. If the State chooses not to provide workers' compensation to volunteer firefighters, the volunteer fire organization can choose to provide workers' compensation to their volunteers who are injured or killed while providing their services.
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.