Filing a Workers' Comp Claim 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.

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.

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.

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.

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.