How Much Workers' Comp Pays in Delaware
How Delaware calculates weekly workers' comp benefits, the current maximum, the waiting period and permanent disability.
Short answer: 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
| 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 |
| 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 |
| 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) |
Where to get help in Delaware
More Delaware workers' compensation
- Filing a Workers' Comp Claim in Delaware
- Workers' Comp Settlements in Delaware
- Retaliation for Filing Workers' Comp in Delaware
- Suing Over a Work Injury in Delaware
- Appealing a Denied Workers' Comp Claim in Delaware
- All Delaware workers' compensation rules
FAQ
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.
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.
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 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.
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.