Delaware workers' compensation insurance: Your ultimate resource
Everything to know about workers’ compensation for
Delaware
businesses
What does workers’ compensation cover?
A standard workers’ comp policy covers four primary areas: medical expenses, lost wages, employer liability and ongoing rehabilitation. EverPeak policies ensure your crew gets the care they need to return to work safely while protecting your business from the costs of workplace accidents.
Medical care
Coverage for the necessary treatment resulting from a work-related injury or illness.
Lost wages
Partial pay for employees unable to work while recovering from an injury.
Legal protection
Financial support for your business if an employee files a lawsuit related to an accident.
Ongoing care
Rehabilitation and training to support employees re-enter the workforce, and ongoing benefits for permanent injuries.
Death benefits
Financial support for the families.
What are
Delaware
's workers' comp laws?
On the Atlantic Coast, Delaware unfolds a landscape of rich history, natural beauty and economic opportunity. From the historic streets of Wilmington to the scenic shores of Rehoboth Beach and the tranquil trails of Brandywine Creek State Park, the First State offers a diverse array of attractions that embody its unique charm.
Revered as the nation’s first state and the birthplace of American corporate law, Delaware is a hub of innovation and opportunity for businesses to prosper. When it comes to safeguarding your business and employees, finding the right workers’ compensation insurance is essential.
What is workers' compensation?
Workers’ compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.
Part-time and seasonal workers are considered employees under Delaware workers’ compensation law.
Without workers’ compensation, the cost of a work-related injured or employee’s medical treatment could become the responsibility of your business.
Delaware workers' compensation laws
The Office of Workers’ Compensation within the Delaware Department of Labor administers the workers’ comp law in the state. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Delaware Department of Labor can approve self-insured requests based on financial requirements.
Employees can use Delaware’s workers’ compensation verification tool to ensure their employer has coverage.
Who is covered and exempt from
Delaware
workers' comp?
Who is covered?
Policies include protection for full and part-time employees.
Exemptions from workers’ comp in Delaware may include, for example:
- Farm workers
- Independent contractors
Covered injuries and illnesses
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.
Benefits provided
Delaware workers’ comp insurance provides four types of benefits for work injuries:
- Medical benefits
- Lost wages
- Permanent impairment and disfigurement benefits
- Death benefits
- Medical treatment for work-related accidents, injuries and/or illnesses
- Temporary disability payments
- Compensation for permanent impairment or disfigurement
- Benefits to dependents
Delaware workers’ compensation rates
The weekly benefit amount in Delaware is 66 ⅔% of the difference between the wages received by the injured employee before the injury and the earning power of the employee.
Find more information on Delaware’s workers’ compensation rates.
How much does workers’ comp cost in
Delaware
?
How do you file a workers’ compensation claim in
Delaware
?
Filing a workers' compensation claim
In the event of a work-related injury or illness:
Step 1: Employee reports injury to employer
Employees in Delaware should report their injury to their employer in writing immediately.
Step 2: Seek medical care
The employee should immediately seek medical attention.
Step 3: Employer reports injury
Once notified of the injury, employers should file a report of the accident within 10 days to their workers' compensation insurance partner.
Step 4: Receive benefits
If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.
Step 5: Return to work
Following their recovery, a worker is expected to resume work safely. If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits.
Choosing a healthcare provider
In Delaware, the injured worker can choose their treating physician, and all medical treatment and hospitalization services are provided by the employer or its workers’ compensation partner
Payment of medical bills
Payment for medical treatment is due by the employer or its workers’ compensation partner within 30 days of the submission of the healthcare provider’s bill. The state of Delaware provides a Health Care Payment System for medical treatment.
Compensation for missed work
- Less than three days: They are not eligible for temporary disability payments.
- More than three but less than seven days: They are eligible for lost time benefits beginning on the fourth day.
- More than seven days: They are eligible for benefits retroactive to the first day they stopped work.
Resolving disputes
If an employee or employer wishes to dispute a claim, they can contact the Office of Workers’ Compensation for support.
How to get workers' compensation
Insurance requirements for employers
Generally, employers in Delaware with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
Choosing the right insurance provider
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
FAQs
Enforcing safety protocols, providing proper employee training, maintaining a clean and hazard-free work environment, and regularly reviewing safety practices can significantly reduce workplace injuries.
Your premium is primarily determined by your industry payroll classifications, geographic location and total annual payroll. Your business’s safety history can also play a major role in determining your final rate. Three key factors influence your base insurance rate:
- Industry classification codes: Higher-hazard trades naturally carry higher baseline rates.
- Geographic location: Rates and statutory benefit structures fluctuate heavily by state lines.
- Historical safety record: Maintaining an accident-free workplace lowers your Experience Modification Rate (E-mod), resulting in built-in premium discounts.
Most states require businesses with employees to carry workers’ compensation insurance to stay compliant. Requirements vary by location, but having coverage ensures your business is protected and your team has access to benefits if an injury occurs.
Employees can verify online if their employer has coverage through the state’s online search tool.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensures the necessary steps are taken to initiate the workers' compensation claims process.
Whether you need coverage for contractors depends entirely on your state’s specific regulatory definitions and formal worker classification tests. Since misclassification regulations are highly complex and can lead to severe audits or stop-work orders, it’s vital to ensure your entire labor force is properly verified and protected based on the actual day-to-day work they do.
Learn more: Do independent contractors need workers’ compensation?
In most cases, employees in Virginia are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
In Virginia, employers who fail to procure or sustain the appropriate workers' compensation coverage for their employees may face civil fines of up to $250 per day of non-compliance. Failure to adhere to this requirement can reach a maximum of $50,000 in fines.
Workers’ compensation is a form of insurance that benefits employers and employees in the case of a work-related injury or illness.
Why choose EverPeak for workers’ comp coverage?
EverPeak protects the hardest-working businesses in (state) with simple, reliable workers’ comp starting as low as $18 a month. Backed by over a century of specialized experience, customers get multi-state coverage, fast and easy claims support, and a vast network of brokers.