Hiring a Workers' Compensation Lawyer in Delaware
The limits on workers' comp lawyer fees in Delaware, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| Lawyer fee limits | When the Industrial Accident Board awards compensation to an employee, it allows a reasonable attorneys' fee of not more than 30% of the award or 10 times the Delaware average weekly wage at the time of the award, whichever is smaller. The cap does not apply if a qualifying written settlement offer was made at least 30 days before trial and the award is no more than that offer. The Division of Industrial Affairs' workers' compensation line is (302) 761-8200, option 1. Re-verified and corrected 2026-10-27. |
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| Deadline to file a claim | A claim is barred unless, within two years after the accident (or death), the parties have reached a compensation agreement or someone has filed a petition with the Industrial Accident Board. If compensation has been paid under a Board-approved agreement or award, the limitation period does not run until five years after the last payment. Occupational disease claims have a separate one-year rule. Re-verified 2026-10-27. Source: 19 Del. C. § 2361(a), (b), (d) |
| Deadline to challenge a denial | Disputed claims: any party may petition the Industrial Accident Board in writing for a hearing on a disputed claim, filed with the Department of Labor; the Board must issue a written decision within 14 days after the hearing (extendable once by up to 14 days). Either party may appeal the Board's award to the Superior Court within 30 days of the day the notice of the award was mailed or electronically received, in the county where the injury occurred; the court decides on the record without a jury. A deadline to file the initial petition after a denial was not identified in the text read. |
| Can you sue your employer? | Suing the employer: in Delaware, every employer and employee must accept compensation for a work injury or death regardless of negligence and to the exclusion of all other rights and remedies (uninsured/underinsured motorist and personal injury protection benefits are not affected). An employer that keeps operating without required insurance after notice from the Department of Labor is liable to injured employees either for compensation or in a damages lawsuit, in which it cannot use the defenses of the employee's negligence, assumption of risk or a co-worker's negligence. Uninsured employer: https://delcode.delaware.gov/title19/c023/sc04/index.html . Source: 19 Del. C. §§ 2304, 2374(e)(3) |
| Suing someone other than your employer | Suing someone else: accepting comp is not an election of remedies, so the injured worker may sue a negligent third party. If the worker does not sue within 260 days after the injury, the employer or its insurer may sue in the worker's name, and whoever sues must send certified-mail notice to the Industrial Accident Board and the other parties at least 30 days before filing. After expenses of recovery (including reasonable attorney fees, shared by the parties according to their interests), the recovery first reimburses the employer or insurer for comp paid or payable, and the balance goes to the worker as an advance on future comp. Source: 19 Del. C. § 2363 |
| Filing a claim online | In Delaware, notify your employer immediately and request medical treatment; the employer must file a First Report of Occupational Injury or Disease with the Office of Workers' Compensation within 10 days of being notified. If your claim is denied, you may file a Petition to Determine Compensation Due with the Industrial Accident Board within two years from the accident (or one year from an occupational disease diagnosis); there is no filing fee and you do not need a lawyer. The Office of Workers' Compensation's Electronic Filing Portal accepts petitions, reports and documents (user ID required). A Workers' Compensation Specialist can guide you through the petition process: (302) 761-8200, option 1, Mon-Fri 8 a.m.-4:30 p.m. Electronic Filing Portal: https://scars.delawareworks.com/home/home.aspx |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
Free legal help
| Free legal aid | The Delaware Legal Help Link (delegalhelplink.org) is a free online intake, available 24/7, for people who meet certain standards including federal poverty income guidelines; completing an intake does not guarantee representation. It is a collaboration of the Delaware State Bar Association, Delaware Bar Foundation, Delaware Volunteer Legal Services, Widener University Delaware Law School, Community Legal Aid Society, Inc., and Legal Services Corporation of Delaware, the state's LSC-funded legal aid organization. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Delaware · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.