Delaware Workers' Compensation: Deadlines, Benefits and How to File
Delaware workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Delaware
- Deadline to report the injury
- The employee (or someone on the employee's behalf) should notify the employer within 90 days after the accident. 19 Del. C. § 2341
- 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. 19 Del. C. § 2361(a), (b), (d)
- Weekly benefit rate
- Total disability pays 66 2/3% of the injured worker's wages while the total disability continues, up to a maximum of 66 2/3% of the state average weekly wage and not less than 22 2/9% of the state average weekly wage. 19 Del. C. § 2324
- Maximum weekly benefit
- For injuries on or after July 1, 2026, the maximum weekly benefit is $962.72 and the minimum is $320.91, based on a 2025 state average weekly wage of $1,444.07. 19 Del. C. § 2324; Office of Workers' Compensation memorandum, New Workers' Compensation Rate Effective July 1, 2026 (rev. 05/13/26); Workers' Compensation Rate Chart
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | The law applies to any employment with one or more employees, and covered employers must carry workers' compensation insurance or qualify as self-insured. It does not apply to household or casual workers in a private home who earn less than $750 in cash in any three-month period from that household, or to farm laborers unless the farm employer chooses to carry insurance. Re-verified 2026-10-27. Source: 19 Del. C. §§ 2306, 2307, 2372 |
|---|---|
| Deadline to report the injury | The employee (or someone on the employee's behalf) should notify the employer within 90 days after the accident. If the employer has no actual knowledge of the injury and no notice is given within 90 days, no compensation is due until notice is given or the employer learns of it. Re-verified 2026-10-27. Source: 19 Del. C. § 2341 |
| 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) |
| Waiting period | Wage benefits begin on the fourth day of incapacity. If the incapacity lasts seven days or more (counting the day of injury), benefits are paid from the first day of injury. Medical care and funeral benefits are paid from the first day. Re-verified 2026-10-27. Source: 19 Del. C. § 2321 |
Benefits
| Weekly benefit rate | Total disability pays 66 2/3% of the injured worker's wages while the total disability continues, up to a maximum of 66 2/3% of the state average weekly wage and not less than 22 2/9% of the state average weekly wage. A worker who earned less than the minimum receives their full wages. Re-verified 2026-10-27. Source: 19 Del. C. § 2324 |
|---|---|
| Maximum weekly benefit | For injuries on or after July 1, 2026, the maximum weekly benefit is $962.72 and the minimum is $320.91, based on a 2025 state average weekly wage of $1,444.07. For injuries from July 1, 2025, the maximum was $924.31 and the minimum $308.11. Prior rates: https://laborfiles.delaware.gov/main/dia/owc/Workers_Compensation_Rate_Chart_2025.pdf |
| How long benefits last | Total disability benefits are paid while the total disability continues, with no fixed week limit; payments are not required after the disability ends. Partial disability benefits are paid during the period of partial disability, but not beyond 300 weeks. Permanent injury benefits are paid for a set number of weeks listed for each body part (for example, 220 weeks for the loss of a hand); disfigurement awards can run up to 150 weeks. Re-verified 2026-10-27. Source: 19 Del. C. §§ 2324, 2325, 2326 |
| Permanent disability | Permanent loss or loss of use of listed body parts is paid at 66 2/3% of wages for a set number of weeks regardless of later earnings (for example, 250 weeks for an arm or leg, 220 for a hand, 160 for a foot, 200 for an eye). Partial loss of use is paid as a proportion of those weeks. Serious, visible disfigurement can be compensated for up to 150 weeks. Loss of both hands, arms, feet, legs or eyes, or paralysis of two limbs, is treated as total disability unless the Board finds otherwise. Re-verified 2026-10-27. Source: 19 Del. C. § 2326(a)–(f) |
| Death benefits | Dependents receive a percentage of the deceased worker's wages (capped at the state average weekly wage): a surviving spouse with no children or one child gets 66 2/3%, rising to 70%, 75% and 80% with two, three, or four or more children; children with no surviving spouse get 66 2/3% (plus 10% for each child beyond two, up to 80%); dependent parents or siblings get smaller percentages. Benefits are paid for 400 weeks, and children's benefits continue until 18 (longer for full-time students). The employer pays reasonable burial expenses up to $3,500; the Industrial Accident Board may approve a higher funeral bill. Re-verified 2026-10-27. Source: 19 Del. C. §§ 2330, 2331 |
Doctors, filing, settlements and appeals
| Choosing a doctor | An employee who claims a work injury has the right to use a physician, surgeon, dentist, optometrist or chiropractor of their own choosing. The employee must notify the employer, its insurer or the Board of the intent to do so, and give written notice within 30 days after the provider was used. Providers certified by the state workers' compensation program can treat without getting each service preauthorized by the employer or insurer. Re-verified 2026-10-27. Source: 19 Del. C. §§ 2323, 2322D |
|---|---|
| How to file | Tell your employer about the injury. If you and the employer (or its insurer) agree on compensation, the agreement is filed with and approved by the Board. If you cannot agree, or the Board refuses to approve the agreement, either party may notify the Department of Labor (Office of Workers' Compensation) of the facts, and a hearing will be scheduled before the Industrial Accident Board or a hearing officer. Mediation is also available. Re-verified 2026-10-27. Source: 19 Del. C. §§ 2344, 2345, 2348A |
| Settlements | Yes, with approval. When the employer and worker agree on compensation, the agreement must be filed with the Department of Labor and is approved only if its terms conform to the workers' compensation law; once approved it is binding unless later modified under the statute. A lump-sum settlement is done by commutation: the Industrial Accident Board may convert future compensation to its present value (discounted at 5 percent) if it is in the worker's best interest or avoids undue expense or hardship, and it must consider attorneys' fees and costs and the worker's net recovery before approving. Agreements reached in mediation must be in writing and signed by the parties, their lawyers and the mediator, and are binding on the issues agreed. A commuted lump sum cannot be used to pay debts from before the accident, other than a mortgage on the home or household furniture (§ 2358). Re-verified and corrected 2026-10-27. Source: 19 Del. C. §§ 2344, 2348A, 2358 |
| Appealing a denial | The Industrial Accident Board (or a hearing officer with the parties' consent) decides disputed claims after a hearing. A Board award is final unless a party appeals to the Superior Court within 30 days of the day the notice of award was mailed or electronically received. The Superior Court decides the appeal on the record, without a jury, and may affirm, reverse, modify or send the case back to the Board. Utilization review decisions on medical treatment can be taken to the Board for review within 45 days. Re-verified 2026-10-27. |
| 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. |
| Retaliation for filing | An employer may not fire, retaliate against or discriminate against an employee for claiming or trying to claim workers' compensation, reporting the employer's noncompliance with the law, or testifying in a workers' compensation proceeding. The employee may file a claim in Superior Court within two years; if the employee wins, the court orders reinstatement, lost pay, damages, costs and attorney's fees, and the employer pays a penalty of $500 to $3,000. Re-verified 2026-10-27. Source: 19 Del. C. § 2365 |
| Filing or checking 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 |
| Lawyer fees in comp cases | 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. |
Lawsuits and uninsured employers
| Suing 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 |
| If your employer has no workers' comp | Employer without coverage: a Delaware employer that fails to carry workers' comp faces civil penalties of three times the premium it should have paid for one year, plus $10 per employee per day (at least $250 per day) of continued noncompliance after Department of Labor notice, and the Court of Chancery may stop it from doing business after 30 days in default. During continued noncompliance, injured employees may claim compensation or sue the employer for damages without the employer being able to use contributory negligence, assumption of risk or fellow-employee defenses. Penalties go to the Workers' Compensation Fund to pay claims of employees affected by an employer's failure to insure. How an employee applies to the Fund was not stated in the text read. Source: 19 Del. C. § 2374 |
Where to get help in Delaware
Workers' Compensation FAQ
Which employers must have workers' comp in Delaware?
The law applies to any employment with one or more employees, and covered employers must carry workers' compensation insurance or qualify as self-insured. It does not apply to household or casual workers in a private home who earn less than $750 in cash in any three-month period from that household, or to farm laborers unless the farm employer chooses to carry insurance.
How long do you have to report a work injury in Delaware?
The employee (or someone on the employee's behalf) should notify the employer within 90 days after the accident. If the employer has no actual knowledge of the injury and no notice is given within 90 days, no compensation is due until notice is given or the employer learns of it.
What is the deadline to file a workers' comp claim in Delaware?
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.
Is there a waiting period for workers' comp in Delaware?
Wage benefits begin on the fourth day of incapacity. If the incapacity lasts seven days or more (counting the day of injury), benefits are paid from the first day of injury. Medical care and funeral benefits are paid from the first day.
How much does workers' comp pay in Delaware?
Total disability pays 66 2/3% of the injured worker's wages while the total disability continues, up to a maximum of 66 2/3% of the state average weekly wage and not less than 22 2/9% of the state average weekly wage. A worker who earned less than the minimum receives their full wages.
What is the maximum workers' comp benefit in Delaware?
For injuries on or after July 1, 2026, the maximum weekly benefit is $962.72 and the minimum is $320.91, based on a 2025 state average weekly wage of $1,444.07. For injuries from July 1, 2025, the maximum was $924.31 and the minimum $308.11.
Can you choose your own doctor for workers' comp in Delaware?
An employee who claims a work injury has the right to use a physician, surgeon, dentist, optometrist or chiropractor of their own choosing. The employee must notify the employer, its insurer or the Board of the intent to do so, and give written notice within 30 days after the provider was used. Providers certified by the state workers' compensation program can treat without getting each service preauthorized by the employer or insurer.
How does permanent disability work under workers' comp in Delaware?
Permanent loss or loss of use of listed body parts is paid at 66 2/3% of wages for a set number of weeks regardless of later earnings (for example, 250 weeks for an arm or leg, 220 for a hand, 160 for a foot, 200 for an eye). Partial loss of use is paid as a proportion of those weeks. Serious, visible disfigurement can be compensated for up to 150 weeks. Loss of both hands, arms, feet, legs or eyes, or paralysis of two limbs, is treated as total disability unless the Board finds otherwise.
What workers' comp death benefits are available in Delaware?
Dependents receive a percentage of the deceased worker's wages (capped at the state average weekly wage): a surviving spouse with no children or one child gets 66 2/3%, rising to 70%, 75% and 80% with two, three, or four or more children; children with no surviving spouse get 66 2/3% (plus 10% for each child beyond two, up to 80%); dependent parents or siblings get smaller percentages. Benefits are paid for 400 weeks, and children's benefits continue until 18 (longer for full-time students). The employer pays reasonable burial expenses up to $3,500; the Industrial Accident Board may approve a higher funeral bill.
How do you file a workers' comp claim in Delaware?
Tell your employer about the injury. If you and the employer (or its insurer) agree on compensation, the agreement is filed with and approved by the Board. If you cannot agree, or the Board refuses to approve the agreement, either party may notify the Department of Labor (Office of Workers' Compensation) of the facts, and a hearing will be scheduled before the Industrial Accident Board or a hearing officer. Mediation is also available.
How do you appeal a denied workers' comp claim in Delaware?
The Industrial Accident Board (or a hearing officer with the parties' consent) decides disputed claims after a hearing. A Board award is final unless a party appeals to the Superior Court within 30 days of the day the notice of award was mailed or electronically received. The Superior Court decides the appeal on the record, without a jury, and may affirm, reverse, modify or send the case back to the Board. Utilization review decisions on medical treatment can be taken to the Board for review within 45 days.
Can you be fired for filing workers' comp in Delaware?
An employer may not fire, retaliate against or discriminate against an employee for claiming or trying to claim workers' compensation, reporting the employer's noncompliance with the law, or testifying in a workers' compensation proceeding. The employee may file a claim in Superior Court within two years; if the employee wins, the court orders reinstatement, lost pay, damages, costs and attorney's fees, and the employer pays a penalty of $500 to $3,000.
How long can you receive workers' comp in Delaware?
Total disability benefits are paid while the total disability continues, with no fixed week limit; payments are not required after the disability ends. Partial disability benefits are paid during the period of partial disability, but not beyond 300 weeks. Permanent injury benefits are paid for a set number of weeks listed for each body part (for example, 220 weeks for the loss of a hand); disfigurement awards can run up to 150 weeks.
How do workers' comp settlements work in Delaware?
Yes, with approval. When the employer and worker agree on compensation, the agreement must be filed with the Department of Labor and is approved only if its terms conform to the workers' compensation law; once approved it is binding unless later modified under the statute. A lump-sum settlement is done by commutation: the Industrial Accident Board may convert future compensation to its present value (discounted at 5 percent) if it is in the worker's best interest or avoids undue expense or hardship, and it must consider attorneys' fees and costs and the worker's net recovery before approving. Agreements reached in mediation must be in writing and signed by the parties, their lawyers and the mediator, and are binding on the issues agreed.
How do I file or check a workers' comp claim online in Delaware?
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.
How much can a workers' comp lawyer charge in Delaware?
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.
Can you sue your employer for a work injury in Delaware?
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.
Can you sue a third party for a work injury in Delaware?
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.
What if my employer doesn't have workers' comp insurance in Delaware?
Employer without coverage: a Delaware employer that fails to carry workers' comp faces civil penalties of three times the premium it should have paid for one year, plus $10 per employee per day (at least $250 per day) of continued noncompliance after Department of Labor notice, and the Court of Chancery may stop it from doing business after 30 days in default. During continued noncompliance, injured employees may claim compensation or sue the employer for damages without the employer being able to use contributory negligence, assumption of risk or fellow-employee defenses. Penalties go to the Workers' Compensation Fund to pay claims of employees affected by an employer's failure to insure.
How long do you have to appeal a denied workers' comp claim in Delaware?
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.
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