Filing a Workers' Comp Claim in Delaware — Steps & Deadlines
How to report a workplace injury, file a workers' compensation claim, and meet deadlines in Delaware.
Step 1: Report the Injury
You must report your workplace injury to your employer within 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 §19-2341. Written notice is always recommended even if verbal notice is given.
Step 2: Get Medical Treatment
Employee may choose their own treating physician in Delaware §19-2323. Make sure to:
Step 3: File the Formal Claim
You have 2 years from date of injury or last payment of compensation to file a formal claim. Claims heard by the Delaware Industrial Accident Board §19-2348.
Step 4: Investigation and Response
After filing, the employer's insurer will investigate the claim. They may accept, partially accept, or deny the claim. If denied, you have the right to request a hearing.
What Happens at a Hearing?
Claims heard by the Delaware Industrial Accident Board §19-2348. Appeal to the Superior Court of Delaware, then to the Delaware Supreme Court.
Ready to Talk to a Lawyer?
Submit a short intake form and a participating Delaware attorney who handles this type of matter may reach out to you. No commitment required.
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.
Related guides
- 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