Workers' comp deadlines in Delaware: tell your employer and file

Tell your employer in Delaware

Time limit

90 days

Counted from

The date of the accident

In writing?

The law does not require writing

If you are late

If your employer did not know about the injury and you did not give notice within 90 days, no compensation is due until notice is given or your employer learns of it.

Illness that develops over time

For an occupational disease, you must give your employer written notice or claim within 6 months after you first knew the disability was or could have been caused by your work, unless your employer already knew during your employment.

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. The Department recommends a written report with the date, time, nature of the injury and how it happened, as soon as possible.

Law: 19 Del. C. §§ 2341, 2342

Source: delcode.delaware.gov

File your claim in Delaware

Time limit

2 years

Counted from

The date of the accident (for an occupational disease: 1 year from when you first knew the disability was or could have been caused by your work)

What to file

Petition to Determine Compensation Due, filed with the Office of Workers' Compensation for a hearing before the Industrial Accident Board (no filing fee), unless you and the employer or insurer sign an agreement on compensation within that time

Who files it

You notify your employer. Your employer must file a First Report of Occupational Injury or Disease with the Office of Workers' Compensation within 10 days after learning of the injury and give you a copy. If the employer or insurer denies your claim, you file a Petition to Determine Compensation Due with the Office of Workers' Compensation.

What your employer must do

Your employer must file the injury report with the Department within 10 days after learning of an accident that caused injury, give you a copy (which includes a summary of the law), file a supplemental report when your disability ends, and post a summary of the workers' compensation law where employees can see it.

When the insurer decides

Within 15 days after learning of a work injury, the employer or insurance carrier must tell you and the Department in writing whether the claim is accepted or denied (and why), or why it cannot decide yet and about when it will. Medical bills must be paid within 30 days unless contested. A fine of $500 to $2,500 can be assessed if it fails to do so.

Illness that develops over time

A petition for an occupational disease or ionizing radiation injury must be filed within 1 year after you first knew the disability was or could have been caused by your work.

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.

Law: 19 Del. C. § 2361(a), (b), (d)

Law: 19 Del. C. §§ 2306(c), 2313, 2362

Source: industrialaffairs.delaware.gov

Waiting period and first payment in Delaware

Waiting period

Wage benefits start on the fourth day you are unable to work. Medical care is covered from the first day.

Paid back for the waiting days

If you are unable to work for 7 days or more (counting the day of injury), you are paid from the first day of injury.

First payment

If you and the insurer sign a written agreement on compensation, payments must start within 14 days of the agreement. After a Board award, the first payment is due within 14 days after the award becomes final. Benefits are paid in installments on the same schedule as your wages were paid, unless the Board allows monthly or quarterly payment.

How often you are paid

Same schedule as your wages (usually weekly or every two weeks)

Law: 19 Del. C. §§ 2321, 2360, 2362(c)-(d)

Source: delcode.delaware.gov

Deadline if you are punished for filing

Within 2 years of the employer's action.

Law: 19 Del. C. § 2365

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer