Retaliation for Filing Workers' Comp in Delaware
Whether an employer in Delaware can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: 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. 19 Del. C. § 2365
| 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 |
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| 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. |
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
- Suing Over a Work Injury in Delaware
- Appealing a Denied Workers' Comp Claim in Delaware
- All Delaware workers' compensation rules
FAQ
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 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.
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.