Filing a Delaware workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Delaware process in plain English, with the exact deadlines you cannot miss. All figures are from Delaware sources, verified as of June 2026.
Delaware at a Glance
| Report to employer | 90 days. Under 19 Del. C. § 2341, an injured worker must give notice of the injury to the employer within 90 days of the accident; no compensation is due until notice is given or the employer has actual knowledge. (Note: the employer separately must file a First Report of Injury, but the worker’s statutory notice deadline is 90 days. Best practice — report immediately/in writing.) |
| Deadline to file | 2 years from the date of the accident for a traumatic injury (19 Del. C. § 2361). For occupational diseases, 1 year from the date the worker learns (or should have learned) of the disease. If benefits have already been paid under an approved agreement or award, a 5-year limitation runs from the date of the last payment. |
| Where to file | Delaware Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation (OWC). A disputed claim is filed as a “Petition to Determine Compensation Due” with the Industrial Accident Board (IAB); petitions can be filed online through the OWC portal or on forms from the Division of Industrial Affairs. |
| Choose your doctor? | Delaware generally lets the injured worker choose their own treating physician (you have the right to select a physician, surgeon, dentist, optometrist, or chiropractor). Written notice of intent to use that medical provider should be given to the employer/insurer or the Board, and notice that medical aid was used must be given to the employer/insurer in writing within 30 days. Some employer arrangements direct care early on, so confirm with your employer/insurer and your state board. |
| Benefits start | Wage-loss (temporary total disability) benefits become payable on the 4th day of disability — there is a 3-day waiting period. If the disability lasts 7 days or more (including the day of injury), the worker can recover compensation for the first 3 days retroactively. Benefits on an accepted claim are paid under the Agreement as to Compensation; on a disputed claim, after the IAB awards them. |
In This Delaware Guide:
Filing a Workers’ Comp Claim in Delaware
Filing a Delaware workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Delaware process in plain English, with the exact deadlines you cannot miss. All figures are from Delaware sources, verified as of June 2026.
How to File a Workers’ Comp Claim in Delaware
First steps: 1) Get medical treatment immediately (emergency care first if needed). 2) Report the injury to your employer/supervisor right away and in writing, keeping a copy — within 90 days at the latest. 3) Make sure the employer files a First Report of Injury with the IAB. 4) Document the date, how it happened, witnesses, and all medical visits.
5) If the employer/insurer acknowledges the claim, you sign an Agreement as to Compensation; if it is denied, file a Petition to Determine Compensation Due with the IAB.
1) Worker reports injury; employer files First Report of Injury with the IAB. 2) The employer’s workers’ comp insurer investigates and either acknowledges (accepts) or denies the claim. 3) If accepted, the parties sign an Agreement as to Compensation, filed with/approved by the IAB, and benefits are paid.
4) If denied or disputed (or if no agreement is reached), the worker files a Petition to Determine Compensation Due with the IAB. 5) The OWC schedules a Pretrial Conference and a Pretrial Memorandum identifies benefits sought and witnesses. 6) A formal hearing is held before the Industrial Accident Board or a Hearing Officer (wage-loss cases are generally scheduled within about 120 days). 7) The Board issues a written decision/award.
Choosing a Doctor in Delaware
Delaware generally lets the injured worker choose their own treating physician (you have the right to select a physician, surgeon, dentist, optometrist, or chiropractor). Written notice of intent to use that medical provider should be given to the employer/insurer or the Board, and notice that medical aid was used must be given to the employer/insurer in writing within 30 days.
Some employer arrangements direct care early on, so confirm with your employer/insurer and your state board.
What to Do If Your Delaware Claim Is Denied
If the insurer denies the claim or the parties cannot agree, file a Petition to Determine Compensation Due with the Industrial Accident Board (Office of Workers’ Compensation). The OWC holds a Pretrial Conference and then schedules a formal IAB hearing where you present medical and wage evidence.
If the IAB rules against you, you may appeal the IAB decision to the Delaware Superior Court, and a Superior Court ruling can be further appealed to the Delaware Supreme Court. Many claimants consult a licensed Delaware workers’ comp attorney before a hearing.
Appeal deadline: 30 days. An appeal of an Industrial Accident Board decision must be filed with the Delaware Superior Court within 30 days of the Board’s decision; a Superior Court decision may then be appealed to the Delaware Supreme Court within 30 days.
Was your claim denied? A denial is not the end of the road in Delaware — many denials are overturned on appeal. A workers’ comp attorney can review your case, usually for a free consultation.
What Happens After You File in Delaware
Once your claim is filed in Delaware, the employer’s insurer reviews it and either accepts it, asks for more information, or denies it. If it is accepted, your medical treatment is covered and your wage benefits begin after the waiting period.
Keep copies of everything — the injury report, your medical records, and any letters from the insurer — because they are what protect your claim if there is ever a dispute.
Common Mistakes That Hurt a Delaware Claim
The two most common ways injured workers in Delaware lose benefits are missing a deadline and gaps in medical treatment. Report the injury in writing as soon as you can, see a doctor and follow the treatment plan, and do not assume a verbal mention to a supervisor counts as official notice. If anything about the process is unclear, your state workers’-comp board can walk you through the next step.
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Other Delaware claim rules: Delaware uses the Industrial Accident Board (IAB) as the adjudicating body, with a Pretrial Conference/Pretrial Memorandum step before a formal hearing. Note the split limitations: 2 years for traumatic injury but only 1 year for occupational disease, and a 5-year limitation from the last payment once benefits have been paid under an approved agreement/award.
Delaware also has a “30-day rule” settlement-offer mechanism that can affect attorney’s fees, and notice of a chosen medical provider must be given to the employer/insurer in writing within 30 days. These are general references — confirm current figures and your specific deadlines with the Delaware Office of Workers’ Compensation and a licensed Delaware attorney.
Filing Your Delaware Workers Comp Claim the Right Way
A Delaware workers comp claim stands or falls on two things: hitting the deadlines and documenting the injury. Report the injury to your employer within the state window, file the Delaware workers comp claim with the right agency before the statute of limitations runs out, and keep seeing your doctor.
Most denied claims come down to a missed deadline or a thin medical record — get both right and your Delaware workers comp claim is on solid ground.
Frequently Asked Questions
How long do I have to report a work injury in Delaware?
In Delaware, you generally must tell your employer within 90 days. Under 19 Del. C. § 2341, an injured worker must give notice of the injury to the employer within 90 days of the accident; no compensation is due until notice is given or the employer has actual knowledge. (Note: the employer separately must file a First Report of Injury, but the worker’s statutory notice deadline is 90 days.
Best practice — report immediately/in writing.) of the injury. Report it in writing as soon as you can — waiting can put your benefits at risk.
How long do I have to file a workers’ comp claim in Delaware?
The Delaware statute of limitations to file is 2 years from the date of the accident for a traumatic injury (19 Del. C. § 2361). For occupational diseases, 1 year from the date the worker learns (or should have learned) of the disease. If benefits have already been paid under an approved agreement or award, a 5-year limitation runs from the date of the last payment..
Reporting the injury and filing the claim are two separate deadlines — do not rely on one to cover the other.
What if my Delaware workers’ comp claim is denied?
If the insurer denies the claim or the parties cannot agree, file a Petition to Determine Compensation Due with the Industrial Accident Board (Office of Workers’ Compensation). The OWC holds a Pretrial Conference and then schedules a formal IAB hearing where you present medical and wage evidence.
If the IAB rules against you, you may appeal the IAB decision to the Delaware Superior Court, and a Superior Court ruling can be further appealed to the Delaware Supreme Court. Many claimants consult a licensed Delaware workers’ comp attorney before a hearing.
Official Delaware Sources & Resources
- Delaware Delaware Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation, which administers claims heard by the Industrial Accident Board (IAB).: https://labor.delaware.gov/divisions/industrial-affairs/workers-comp/
- Delaware Workers’ Comp Statute: https://delcode.delaware.gov/title19/c023/sc03/index.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Delaware workers comp claim guide was last verified against official sources in June 2026. Deadlines and procedures change — confirm the current rule with your state workers’-comp board 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.