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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.
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.
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.
Policies include protection for full and part-time employees.
Exemptions from workers’ comp in Delaware may include, for example:
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.
Delaware workers’ comp insurance provides four types of benefits for work injuries:
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.
In the event of a work-related injury or illness:
Employees in Delaware should report their injury to their employer in writing immediately.
The employee should immediately seek medical attention.
Once notified of the injury, employers should file a report of the accident within 10 days to their workers' compensation insurance partner.
If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.
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.
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 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.
If an employee or employer wishes to dispute a claim, they can contact the Office of Workers’ Compensation for support.
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.
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.
Employers who fail to provide workers’ compensation coverage are subject to a civil penalty of up to three times the amount the employer would have paid in insurance premiums.
In most cases, employees in Delaware 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.
Generally, independent contractors aren’t covered by workers' compensation insurance in Delaware. Workers' compensation laws typically apply to employees rather than independent contractors. However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can use Delaware’s workers’ compensation verification tool to ensure their employer has coverage.