Filing a Workers’ Compensation Claim in Delaware:

Ask your employer for a copy of the claim form to report a work injury or illness to your employer.  Many state workers compensation agencies have a standardized claim form as well.  Follow the instructions on the form, complete the "employee" section" and sign and date it.  Make sure you keep a copy for your records.  The employer will fill out the "employer" section.  You can submit the form to your employer in person or by mail, but if you use mail it is usually recommended to send it by certified mail (return receipt requested) so you have a record of the date it was mailed and received.

Delaware Waiting Period
Petitions for wage replacement and petitions to terminate benefits are scheduled within 120 days from the date of the notice of pretrial.  The hearing is held in the office closest to the place where the injury occurred.  Although the hearing is not as formal as Superior Court, it is a formal proceeding.  The burden of proof falls on the party who filed the petition.

Delaware Workers Compensation Benefits
All necessary medical treatment and hospitalization services are provided by the employer or the employer's insurance carrier provided that the employee treats with a “Certified Health Care Provider” who has been certified by the Delaware Office of Workers’ Compensation.

If there is lost time which extends beyond three days due to the injury, temporary total disability benefits become payable starting with the fourth day lost. If, however, the disability extends beyond seven days, the full disability period becomes compensable and no waiting period applies. The benefit amount is 662/3 percent of gross weekly wages received at the time of the injury, up to a maximum established annually by the Delaware Secretary of Labor.

If the employee goes back to work part-time or at a lower rate than his/her pre-injury wage, the employee may be entitled to 2/3 of the difference between the pre-injury wage and his/her current wage. Partial disability may be received for up to 300 weeks.

When a job-related injury or illness results in the employee missing at least three days of work and a permanent partial disability, benefits are based upon a percentage of certain "scheduled" or "non-scheduled" losses. A "scheduled" loss is one involving arms, hands, fingers, legs, feet, toes, eyes, and ears. A "nonscheduled" loss is one involving the back, heart, lungs, etc.

Delaware Contact Information
John Kirk III, Administrator
Office of Workers' Compensation
4425 N. Market Street, 3rd Floor
Wilmington, DE 19802
(302) 761-8200 (302) 761-8200

NOTICE: These questions and answers concern Delaware law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.