19 Del. C. § 2311 states that any contractor or subcontractor shall be deemed to be an employer. Any and all rights of compensation of employees of contractors or subcontractors shall be against the employer contractor or subcontractor.
However, independent contractors shall have an option to purchase coverage, or alternatively shall be insured by the general contractor, subcontractor or other contracting entity for which they perform work or provide services. Any contracting entity shall obtain from an independent contractor or subcontractor and shall retain a notice of exemption of executive officers or limited liability company members and/or a certification of insurance in force for 3 years. The contracting entity shall not be deemed the employer of any independent contractor or subcontractor or their employees, if it fails to obtain a certification of insurance. However, the contracting entity shall be deemed to insure any workers’ compensation claims arising under the statute.
A contractor or subcontractor shall be deemed to be an employer and all rights of compensation of the employees of any such contractor or subcontractor shall be against their employer and not against any other employer.