Appealing a Denied Workers' Comp Claim in Delaware
The deadline to challenge a denied workers' comp claim in Delaware, where to file, and the steps from hearing to appeal.
Short answer: 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; 19 Del. C. §§ 2345, 2348, 2349, 2350
| 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. |
|---|---|
| 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 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) |
Where to get help in Delaware
More Delaware workers' compensation
- Filing a Workers' Comp Claim in Delaware
- How Much Workers' Comp Pays in Delaware
- Workers' Comp Settlements in Delaware
- Retaliation for Filing Workers' Comp in Delaware
- Suing Over a Work Injury in Delaware
- All Delaware workers' compensation rules
FAQ
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.
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.
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.
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.