Hurt at work in Delaware? Deadlines, weekly benefit and how to file
Tell your employer within 90 days (the date of the accident). File your claim within 2 years.
Temporary total disability (TTD) benefits can pay two-thirds of your gross (before-tax) wages, up to $962.72 a week (July 1, 2026 to June 30, 2027).
Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.
In Delaware, temporary total disability pays two-thirds of your wages while a work injury keeps you from working. Your employer's insurance carrier pays the claim, and if it is denied, the Industrial Accident Board (or a hearing officer) decides the dispute after you file a petition with the Office of Workers' Compensation.
Checked against official sources: October 31, 2026.
Deadlines are strict. If you are near one, call the state agency or free help today.
Free tools for Delaware
Free tools that run in your browser. Nothing you enter is saved or sent until you download, copy or print a document.
Deadline helper
Benefit estimate calculator
This estimate uses the rule in Delaware's data: a share of your average weekly wage, up to the state maximum.
Written notice to your employer
A letter that tells your employer, in writing, that you were hurt or made sick by your work.
Claim checklist: what to gather and do
A printable list of papers to keep and steps to take.
Deadlines in Delaware
- Tell your employer
- 90 days
- File your claim
- 2 years
- Waiting period
Wage benefits start on the fourth day you are unable to work. Medical care is covered from the first day.
Weekly benefit in Delaware
- What it pays
- Two-thirds of your gross (before-tax) wages
- Maximum
- $962.72 a week (July 1, 2026 to June 30, 2027)
- Minimum
- $320.91 a week (July 1, 2026 to June 30, 2027)
- Minimum rule
The minimum is $320.91 a week. If you earned less than $320.91 a week when you were hurt, you receive your full weekly wage instead.
- Applies to
- Injuries on or after July 1, 2026 (until the next rate takes effect July 1, 2027)
Law: 19 Del. C. §§ 2302, 2324
Source: delcode.delaware.gov
Who is your doctor in Delaware?
- Who chooses
- You choose
- Network
- Delaware certified health care providers (Office of Workers' Compensation certification)
You have the right to choose your own doctor (physician, surgeon, dentist, optometrist or chiropractor). The Office of Workers' Compensation says to use a health care provider certified by the Office; certified providers can treat you without getting each visit pre-approved. Tell your employer or its insurance carrier (or the Board) that you intend to get medical care, and give the employer or carrier written notice within 30 days after you start.
No set limit on changing doctors appears in the law, but each provider you use must be reported to the employer or carrier in writing. Your employer may also require you to be examined by a doctor it chooses, but you keep the right to be treated by your own provider.
Law: 19 Del. C. §§ 2322D, 2323, 2343
Source: industrialaffairs.delaware.gov
Who is covered in Delaware
- Size of employer
All Delaware employers with one or more employees must carry workers' compensation insurance or be approved to self-insure. Full-time and part-time employees are covered from their first day of work.
- Special rules
- Household and casual workers in a private home: Not covered if they earn less than $750 in cash in any 3-month period from a single household.
- Farm laborers: Not covered unless the farm employer carries workers' compensation insurance for them.
- Not covered
- Household or casual workers in a private home earning less than $750 in cash in any 3-month period from one household
- Farm laborers, unless the employer carries insurance for them
- Sole proprietors and partners (they may elect coverage)
- Up to 8 stockholder-officers of a corporation or members of an LLC who agree in writing to be exempt
- Independent contractors and certain licensed real estate salespersons
- Federal employees, railroad workers and seamen covered by federal programs
- Contractors
Independent contractors may be exempt from coverage. Delaware law has special rules for contractors, subcontractors and independent contractors; the Department can explain whether you count as an employee.
Law: 19 Del. C. § 2311
- If your employer has no insurance
Employers without insurance face heavy penalties and can be closed by court order. Penalties collected go into the Workers' Compensation Fund and are used to pay the claims of employees hurt by an employer's failure to carry insurance. You can still file a petition with the Office of Workers' Compensation.
Law: 19 Del. C. §§ 2306-2308, 2311, 2316, 2372, 2374
Source: industrialaffairs.delaware.gov
If your claim is denied or delayed in Delaware
- First step
If your claim is denied or benefits stop, file a Petition to Determine Compensation Due with the Office of Workers' Compensation. There is no filing fee, and you may file with or without an attorney.
Fired or punished for filing in Delaware
Your employer may not fire, retaliate against or discriminate against you because you claimed or tried to claim workers' compensation, reported your employer's failure to follow the workers' compensation law, or testified or are about to testify in a workers' compensation proceeding.
- The law
- 19 Del. C. § 2365
- What you may get
Reinstatement to your job or the position, privilege or condition you were denied; pay for lost compensation and damages; and costs and attorney's fees. The employer can also be fined $500 to $3,000.
- Where to file
File a claim in Delaware Superior Court.
- Deadline
Within 2 years of the employer's action.
Law: 19 Del. C. § 2365
Source: delcode.delaware.gov
Lawyers' fees and other benefits in Delaware
Delaware workers' compensation also pays medical care, temporary partial disability, permanent impairment and disfigurement benefits, vocational rehabilitation services, and death and funeral benefits for dependents.
Free help in Delaware
State agency
- Phone
- (302) 761-8200, option 1
- Address
- Office of Workers' Compensation, 4425 North Market Street, 3rd Floor, Wilmington, DE 19802
Free help
Good to know in Delaware
- Employers must be represented by an attorney at Industrial Accident Board hearings, but injured workers do not need one.
- Your employer cannot take money from your paycheck to pay for workers' compensation insurance.
- Filing a petition with the Office of Workers' Compensation costs nothing.
Changes in 2024–2026
From July 1, 2026 the weekly maximum is $962.72 and the minimum $320.91, based on a 2025 state average weekly wage of $1,444.07.
Questions about workers' comp in Delaware
How long do I have to tell my employer about a work injury in Delaware?
Tell your employer or supervisor right away and ask for medical treatment. The law requires notice to your employer within 90 days after the accident, unless your employer already knew about it.
How long do I have to file a workers' comp claim in Delaware?
Your claim is barred unless, within 2 years after the accident, you and the employer or insurer have agreed on compensation, or a petition has been filed with the Industrial Accident Board. If you were paid under an agreement approved by the Board or an award, the limit is 5 years from the last payment for which a receipt was filed.
How much does workers' comp pay in Delaware?
Temporary total disability (TTD) benefits can pay two-thirds of your gross (before-tax) wages, up to $962.72 a week (July 1, 2026 to June 30, 2027).
Can I choose my own doctor for a work injury in Delaware?
You have the right to choose your own doctor (physician, surgeon, dentist, optometrist or chiropractor). The Office of Workers' Compensation says to use a health care provider certified by the Office; certified providers can treat you without getting each visit pre-approved.
Can my employer fire me for filing a workers' comp claim in Delaware?
Your employer may not fire, retaliate against or discriminate against you because you claimed or tried to claim workers' compensation, reported your employer's failure to follow the workers' compensation law, or testified or are about to testify in a workers' compensation proceeding.
What if my workers' comp claim is denied in Delaware?
If your claim is denied or benefits stop, file a Petition to Determine Compensation Due with the Office of Workers' Compensation.
Not about a work injury?
Not about a work injury? Unpaid wages → Wage Claim Map · Hurt in a car crash → Accident Claim Map · A medical bill → Medical Bill Map · Unemployment benefits → Unemployment Claim Map · Other problems → robinclaim.com
Nearby states
Sources
- Delaware OWC: Office of Workers' Compensation
- Delaware OWC: Workers' Comp FAQs
- Delaware OWC: Laws, regulations and rates
- Delaware OWC: New Workers' Compensation Rate Effective July 1, 2026 (memo, rev. 05/13/26)
- Delaware OWC: Workers' Compensation Rate Chart 2026
- Delaware OWC: Forms
- Delaware OWC: Understanding Your Rights and Responsibilities brochure
- 19 Del. C. ch. 23, subchapter I
- 19 Del. C. ch. 23, subchapter II
- 19 Del. C. ch. 23, subchapter III
- 19 Del. C. ch. 23, subchapter IV