The Delaware workers compensation act — formally the Delaware Workers’ Compensation Act (Delaware Code Title 19, Part II, Chapter 23, “Workers’ Compensation”; first enacted as the “Workmen’s Compensation Act”), found at Delaware Code Title 19, Chapter 23 (19 Del. C. § 2301 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Delaware workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Delaware at a Glance
| Official name | Workers’ Compensation Act (Delaware Code Title 19, Part II, Chapter 23, “Workers’ Compensation”; first enacted as the “Workmen’s Compensation Act”) |
| Where it lives | Delaware Code Title 19, Chapter 23 (19 Del. C. § 2301 et seq.) |
| First enacted | 1917 |
| Reporting deadline | 90 days after the accident, unless the employer already knew of the injury. Until notice is given, no compensation is due (19 Del. C. § 2341). |
| Filing deadline | 2 years after the accident, by agreement or a petition to the Industrial Accident Board. For occupational disease it is 1 year after the worker first knew or should have known the condition was work-related. Once benefits have been paid under a Board-approved agreement or award, the deadline is 5 years from the last payment (19 Del. C. § 2361). |
In This Delaware Guide:
What the Delaware Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Delaware workers compensation act dates to 1917. It lives at Delaware Code Title 19, Chapter 23 (19 Del. C. § 2301 et seq.), and the official text is linked in the sources.
Under § 2365, the employer’s retaliation penalty goes to the Workers’ Compensation Fund, separate from what the worker recovers. The 5-year limit after the last payment under § 2361 gives workers who already receive benefits a long window to return to the Board. A Board quorum is 2 members, so one 2-member panel can decide a hearing.
Many claimants should confirm their specific situation with the Delaware Office of Workers’ Compensation and a licensed attorney.
Who the Delaware Workers Compensation Act Covers
The coverage section of the Delaware workers compensation act sets the employee count at which coverage becomes mandatory and defines who counts as an employee. 19 Del. C. § 2307 excludes household and casual workers in a private home who earn less than 750 in cash in any 3-month period from a single household, and farm laborers unless their employer chooses to carry insurance.
Deadlines in the Delaware Workers Compensation Act
Waiting period: 19 Del. C. § 2321 sets a 3-day waiting period. Wage benefits start on the 4th day of lost time. The first 3 days are paid if the worker is out 7 days or more, counting the day of injury. Medical, hospital and funeral benefits are paid from day one.. Wage-loss rate: 19 Del.
C. § 2324 sets the rate at 66 2/3% of the worker’s wages (injuries after July 1, 1975), subject to a yearly maximum and minimum tied to the state average weekly wage. Confirm the current-year cap with the Delaware Office of Workers’ Compensation..
Delaware Workers Compensation Act: Key Sections at a Glance
The sections of the Delaware workers compensation act that decide most cases, each with its citation:
| Exemptions | 19 Del. C. § 2307 excludes household and casual workers in a private home who earn less than 750 in cash in any 3-month period from a single household, and farm laborers unless their employer chooses to carry insurance. |
| Report an injury | 90 days after the accident, unless the employer already knew of the injury. Until notice is given, no compensation is due (19 Del. C. § 2341). |
| File a claim | 2 years after the accident, by agreement or a petition to the Industrial Accident Board. For occupational disease it is 1 year after the worker first knew or should have known the condition was work-related. Once benefits have been paid under a Board-approved agreement or award, the deadline is 5 years from the last payment (19 Del. C. § 2361). |
| Waiting period | 19 Del. C. § 2321 sets a 3-day waiting period. Wage benefits start on the 4th day of lost time. The first 3 days are paid if the worker is out 7 days or more, counting the day of injury. Medical, hospital and funeral benefits are paid from day one. |
| Wage-loss rate | 19 Del. C. § 2324 sets the rate at 66 2/3% of the worker’s wages (injuries after July 1, 1975), subject to a yearly maximum and minimum tied to the state average weekly wage. Confirm the current-year cap with the Delaware Office of Workers’ Compensation. |
| Retaliation | 19 Del. C. § 2365 bars firing, retaliating against or discriminating against a worker for claiming benefits, reporting an employer’s noncompliance, or testifying. The worker files in Superior Court within 2 years. Remedies are reinstatement, lost pay and damages, and costs and attorney’s fees. The employer also owes a penalty of 500 to 3000, paid to the Workers’ Compensation Fund. |
| Uninsured employer penalty | 19 Del. C. § 2374 sets a civil penalty equal to 3 times one year’s premium. For a previously insured employer, that is the last premium rate. For an employer never insured, it is the most expensive premium any carrier in the state charges for that coverage. An employer that still refuses after notice owes 1 per employee per day, with a minimum of 25 per day. |
| Who hears disputes | 19 Del. C. § 2301A. The Industrial Accident Board (10 members appointed by the Governor for 6-year terms; 2 members form a quorum and a hearing panel) hears disputes over compensation under Part II of Title 19. |
The Exclusive-Remedy Bargain in the Delaware Workers Compensation Act
The exclusive-remedy section makes workers’ compensation the only claim an injured employee has against the employer for a covered injury. The usual exceptions are an employer with no coverage and intentional harm; claims against third parties — a driver, a product maker, another contractor — survive.
Retaliation and Penalties Under the Delaware Workers Compensation Act
19 Del. C. § 2365 bars firing, retaliating against or discriminating against a worker for claiming benefits, reporting an employer’s noncompliance, or testifying. The worker files in Superior Court within 2 years. Remedies are reinstatement, lost pay and damages, and costs and attorney’s fees. The employer also owes a penalty of 500 to 3000, paid to the Workers’ Compensation Fund. 19 Del.
C. § 2374 sets a civil penalty equal to 3 times one year’s premium. For a previously insured employer, that is the last premium rate. For an employer never insured, it is the most expensive premium any carrier in the state charges for that coverage. An employer that still refuses after notice owes 1 per employee per day, with a minimum of 25 per day. 19 Del. C. § 2301A.
The Industrial Accident Board (10 members appointed by the Governor for 6-year terms; 2 members form a quorum and a hearing panel) hears disputes over compensation under Part II of Title 19.
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Recent Amendments to the Delaware Workers Compensation Act
No amendment to the Delaware workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Delaware Workers Compensation Act
Statute pages are written for lawyers, so read the Delaware workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Delaware workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Delaware claim guide turns these sections into steps and dates, and the Delaware requirements guide covers the employer side.
Frequently Asked Questions
Where is the Delaware workers compensation act in the code?
Delaware Code Title 19, Chapter 23 (19 Del. C. § 2301 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the Delaware act?
90 days after the accident, unless the employer already knew of the injury. Until notice is given, no compensation is due (19 Del. C. § 2341).. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Delaware workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Delaware Sources & Resources
- Delaware Delaware Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation (disputes are heard by the Industrial Accident Board): https://labor.delaware.gov/divisions/industrial-affairs/workers-compensation/
- Delaware Workers’ Comp Statute: https://delcode.delaware.gov/title19/c023/index.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Delaware workers compensation act guide was last verified against official Delaware sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.