Key Differences in Delaware Workers' Compensation Law
Delaware mandates that almost all private employers provide workers' compensation insurance, but it uniquely excludes sole proprietors and partners unless they opt in. The state's benefit schedule caps medical reimbursements at the actual cost of care and sets wage‑replacement at two‑thirds of the employee's average weekly wage, up to a statutory maximum. These limits, plus Delaware's "no-fault" system—where fault is irrelevant to claim eligibility—shape how injuries are compensated compared to neighboring states.
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Who Is Covered Under Delaware Law
Coverage extends to employees performing services for an employer, regardless of the injury's cause, provided the work relationship is not purely contractual or volunteer‑based. Independent contractors are generally excluded unless the employer treats them as employees for tax purposes. Public sector workers are covered by a separate state fund.
Core Benefits Provided
Delaware workers' comp offers three primary benefit categories:
- Medical expenses: full reimbursement for medically necessary treatment.
- Temporary total disability (TTD): two‑thirds of average weekly wage, capped at $1,200 per week.
- Permanent disability: a schedule of compensation based on the body part injured and loss of function.
| Benefit Type | Payment Formula | Maximum Weekly Rate |
|---|---|---|
| Medical | Actual cost of care | Not applicable |
| TTD | 2/3 of average weekly wage | $1,200 |
| Permanent Disability | State schedule per body part | Varies |
How to Report and File a Claim
Employees must notify their employer of the injury within 30 days; delayed notice can reduce benefits. The employer then files a First Report of Injury (FROI) with the Delaware Workers' Compensation Commission (DWCC). The injured worker submits medical documentation and may need to attend a medical‑evaluation conference if the employer disputes the claim.
Employer Obligations and Insurance Options
Employers must secure statutory workers' comp insurance or qualify as self‑insured by posting a bond with the DWCC. They are also required to maintain a safe workplace, post the "Notice of Workers' Compensation Rights" in a conspicuous location, and keep records of all injuries for at least three years.
Dispute Resolution and Appeals
If a claim is denied, the employee can request a hearing before the DWCC Administrative Law Judge. Decisions may be appealed to the Delaware Superior Court. Mediation is encouraged to reduce litigation costs, and many disputes settle before formal hearings.