Delaware Workers' Compensation Laws

For occupational disease death claims, a petition must be filed within 1 year after the person entitled to file knows or should know the possible relationship between the death and employment. Notice of occupational disease must be given within 6 months of knowledge.

When compensation payments have been made under an approved agreement or award, no statute of limitations takes effect until 5 years from the last payment for which a proper receipt was filed.

Report the injury to your employer as soon as possible and no later than 90 days after the accident. For occupational diseases, notice must be given within 6 months of learning the disability may be employment-related.

If benefits are denied or disputed, file a petition with the Delaware Industrial Accident Board within 2 years of the accident.

All Delaware employers with one or more employees must carry workers' compensation insurance or be approved as self-insured. Limited exceptions exist for certain farm workers, independent contractors, and casual/domestic workers.

TTD benefits pay two-thirds (66⅔%) of your average gross weekly wages at the time of injury, subject to a maximum ($924.31/week as of 2025) and minimum ($308.11/week) set annually by the Secretary of Labor. Benefits begin after 3 days of missed work; if disability lasts 7+ days, the first 3 days are paid retroactively.

Injured workers may choose any physician who is workers' compensation certified in Delaware. However, the employer or insurer may require you to see a doctor of their choosing to confirm your injuries and treatment plan.

The employer is required to file a First Report of Occupational Injury or Disease with the Delaware Office of Workers' Compensation within 10 days of being notified of a workplace injury.

It is unlawful for an employer to discharge or discriminate against an employee because the employee has filed or intends to file a workers' compensation claim.