Delaware Workers' Compensation Guide — Benefits, Claims & Rights
Workers' compensation coverage, benefits, filing deadlines, and dispute resolution in Delaware.
Workers' compensation is a no-fault system — you do not have to prove your employer was negligent to receive benefits. But the process still requires specific steps in a specific order: reporting the injury, filing a formal claim, and getting treatment through authorized providers. If the insurer disputes your claim, the process shifts to hearings and appeals. Acting quickly matters, because most states impose strict deadlines for reporting and filing.
Who Is Covered?
Key Deadlines
Benefit Overview
Workers' compensation in Delaware provides several categories of benefits:
| Description | |
|---|---|
| Temporary Total Disability (TTD) | 66.67% of average weekly wage; Until able to resume work or reaches MMI |
| Permanent Partial Disability (PPD) | Yes, scheduled benefits for specific body parts; unscheduled for other losses §19-2326 |
| Death Benefits | 66.67% of average weekly wage to dependents; burial expenses up to $3,500 §19-2330 |
| Medical Treatment | All reasonable and necessary medical care related to the work injury |
Medical Treatment
Employee may choose their own treating physician in Delaware §19-2323. All reasonable and necessary medical treatment causally related to the workplace injury must be covered by the employer or insurer.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- All employers with one or more employees
- All employers with one or more employees
- Report the injury to the employer as soon as practicable; unless the employer has actual knowledge of the injury, notice must be given within 90 days after the accident, and no compensation is due until such notice is given or knowledge obtained