Workers' comp claim denied in Delaware: what to do next

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.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Delaware

Who decides

Industrial Accident Board (IAB) or a hearing officer, Delaware Department of Labor

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. A Workers' Compensation Specialist can guide you through the petition process (but cannot give legal advice).

Form

Petition to Determine Compensation Due

Deadline

The petition must be filed within 2 years after the accident (1 year from knowledge for an occupational disease), unless an agreement on compensation was made in that time. If benefits were paid under an approved agreement or award, a petition for more is due within 5 years of the last payment.

Medical disagreements

If utilization review decides your treatment is not needed, you can ask the Industrial Accident Board to review it from the start by filing a Petition to Appeal a Utilization Review within 45 days after you receive the decision. Your employer may also require an examination by a doctor it chooses.

Petition to Appeal a Utilization Review

Appealing the decision

Superior Court, decided on the Board record without a jury.

Source: within 30 days after notice of the Board's award

File a Petition to Determine Compensation Due with the Office of Workers' Compensation (online portal or paper form).
The Office schedules a pretrial conference, where a Pretrial Memorandum lists the benefits sought and the witnesses.
Either side may ask for free, non-binding mediation with a Department hearing officer until 30 days after the pretrial conference.
A hearing is held before the Industrial Accident Board or a hearing officer, usually within 120 days for wage-loss cases. You must arrange for your medical witness to testify or be deposed.
Either party may appeal the Board's award to Superior Court within 30 days after notice of the award is mailed or emailed.

Law: 19 Del. C. §§ 2345, 2348A, 2349, 2350, 2361(c)

Source: industrialaffairs.delaware.gov

Sources

The official sources for Delaware are listed on the Delaware page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org