Delaware Workers' Compensation: Fast Facts

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Coverage Requirements Under Delaware State Law

Any business with at least one employee must have Delaware workers' comp insurance.

Work-Related Injury or Illness Reporting Requirements

Tell your supervisor about your work-related injury in writing as soon as possible, but within 90 days. For an occupational illness, you must report it to your employer within 6 months (180 days). Missing this notification deadline may make you ineligible for Delaware workers' compensation benefits.

Where to Seek Medical Care

Go to the nearest healthcare facility or any doctor you choose to seek medical treatment after your job accident.

Waiting Period for Lost-Wage Benefits in Delaware

Your first 3 days off work are always unpaid until after you're off the job for at least 7 days in a row. After you miss at least a week, you'll get paid for those first 3 days you took off work. If you don't need at least 4 days off to recover from your incident, you will only get medical benefits.

Delaware Workers' Compensation Statute of Limitations

For an on-the-job injury, you have two years to file your Delaware workers' compensation benefits claim. You have one year to file if your claim involves an occupational illness.

Delaware Weekly Compensation Rate

You can receive 66 2/3% of Delaware's gross average weekly wage in wage-loss benefits paid once every 2 weeks. This amount is subject to the state's current maximum and minimum benefit limits approved for each calendar year.

How Long You Can Receive Delaware Workers' Comp Benefits

  • Medical benefits: unlimited
  • Death benefits: lump-sum payment of $3,500 for funeral and burial expenses and TTD payments equal to 80% of the maximum rate for that calendar year
  • Temporary Total Disability (TTD): until you can go back to work or reach maximum medical improvement
  • Temporary Partial Disability (TPD): up to 150 weeks for disfigurement injuries, or 300 weeks for non-disfiguring injuries
  • Permanent Partial Disability (PPD): up to 300 weeks
  • Permanent Total Disability (PTD): unlimited

Delaware Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Delaware workers' compensation coverage:

  • Farm workers (through they can elect to opt into insurance coverage if they choose)
  • Federal employees
  • Independent contractors
  • Household workers that earn less than $750 during any three-month period

Delaware Workers' Compensation Attorney Fees

Delaware workers' comp lawyers work on contingency. Legal fees may equal up to 30% of your award or 10x the state's current AWW amount (whichever is less). However, you may pay an additional fee out of your own pocket for expert medical testimony if it applies in your case.