Workers Comp Attorney Fees Delaware are set by state law, not by the lawyer: When the Industrial Accident Board awards compensation to the worker, it allows a reasonable attorney’s fee that cannot be more than 30% of the award or 10 times Delaware’s average weekly wage, whichever is smaller. The employer pays this fee as a cost of the case.
At the current average weekly wage of 1444.07, the dollar limit is 14440.70 per award. The statute sets no separate percentage cap on the private fee agreement between a worker and their own lawyer. That fee must be reasonable under the Delaware Lawyers’ Rules of Professional Conduct, and the fee agreement must be filed with the Board., under 19 Del. C. § 2320(10)(a).
This guide to workers comp attorney fees Delaware explains who pays the fee, why you should never pay up front, who has to approve it, what costs fall outside the cap and what a $50,000 settlement actually nets after the fee. Verified against Delaware sources as of October 2026.
Delaware at a Glance
| Fee cap | When the Industrial Accident Board awards compensation to the worker, it allows a reasonable attorney’s fee that cannot be more than 30% of the award or 10 times Delaware’s average weekly wage, whichever is smaller. The employer pays this fee as a cost of the case. At the current average weekly wage of 1444.07, the dollar limit is 14440.70 per award. The statute sets no separate percentage cap on the private fee agreement between a worker and their own lawyer. That fee must be reasonable under the Delaware Lawyers’ Rules of Professional Conduct, and the fee agreement must be filed with the Board. (19 Del. C. § 2320(10)(a)) |
| Who pays | The employer/insurer pays the Board-awarded fee as a cost of the case when the worker wins at a hearing; any amount still owed under the worker’s own fee agreement comes from the worker’s recovery, reduced by the Board-awarded fee |
| Judge/board approval | YES — for a fee charged to the employer, the Board must allow it and the worker’s lawyer must file an Attorney’s Fee Affidavit with the signed fee agreement (19 Del. C. § 2320(10)(a); Industrial Accident Board Rule 23). The former general fee-approval section, 19 Del. C. § 2127, was repealed in 1997 (71 Del. Laws c. 84). — Delaware Industrial Accident Board (Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation) |
| Costs | Costs are separate from the attorney’s fee. Under 19 Del. C. § 2320, costs legally incurred may be charged to either party or split between them at the Board’s discretion, as the case requires. |
| On a $50,000 settlement | Up to $15,000 |
In This Delaware Guide:
The Cap on Workers Comp Attorney Fees Delaware Allows
When the Industrial Accident Board awards compensation to the worker, it allows a reasonable attorney’s fee that cannot be more than 30% of the award or 10 times Delaware’s average weekly wage, whichever is smaller. The employer pays this fee as a cost of the case. At the current average weekly wage of 1444.07, the dollar limit is 14440.70 per award.
The statute sets no separate percentage cap on the private fee agreement between a worker and their own lawyer. That fee must be reasonable under the Delaware Lawyers’ Rules of Professional Conduct, and the fee agreement must be filed with the Board. The rule is at 19 Del. C. § 2320(10)(a).
(1) Any fee the Board awards must be credited against what the worker owes their lawyer under the fee agreement (§ 2320(10)(a)). (2) The 30-day written settlement offer rule above can shift the fee off the employer. (3) The dollar limit changes each year with the average weekly wage announced by the Secretary of Labor.
The figure of 1444.07, giving a limit of 14440.70, applies to awards made on or after July 1, 2026. (4) The Board sets the fee amount using the reasonableness factors from General Motors Corp. v. Cox (Del. Supreme Court). (5) The Office of Workers’ Compensation charges no filing fee, and workers may file a petition without a lawyer. Confirm details with the Board and a licensed attorney.
Who Pays Workers Comp Attorney Fees Delaware
The employer/insurer pays the Board-awarded fee as a cost of the case when the worker wins at a hearing; any amount still owed under the worker’s own fee agreement comes from the worker’s recovery, reduced by the Board-awarded fee The fee is contingent: no recovery, no fee. The employer pays the Board-awarded fee whenever the worker is awarded compensation at a hearing (19 Del. C. § 2320(10)(a)).
This is not limited to bad-faith cases. Exception: if the employer made a written settlement offer at least 30 days before the Board’s trial date, and the offer was equal to or more than what the Board later awarded on that issue, the employer does not pay the fee (§ 2320(10)(a)). No separate bad-faith or unreasonable-controversion fee section was verified.
Who Approves Workers Comp Attorney Fees Delaware
YES — for a fee charged to the employer, the Board must allow it and the worker’s lawyer must file an Attorney’s Fee Affidavit with the signed fee agreement (19 Del. C. § 2320(10)(a); Industrial Accident Board Rule 23). The former general fee-approval section, 19 Del. C. § 2127, was repealed in 1997 (71 Del. Laws c. 84).
Delaware Industrial Accident Board (Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation) The fee generally cannot be taken from medical benefits, only from indemnity and settlement money.
Workers Comp Attorney Fees Delaware: The Rules at a Glance
Every rule on workers comp attorney fees Delaware below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | When the Industrial Accident Board awards compensation to the worker, it allows a reasonable attorney’s fee that cannot be more than 30% of the award or 10 times Delaware’s average weekly wage, whichever is smaller. The employer pays this fee as a cost of the case. At the current average weekly wage of 1444.07, the dollar limit is 14440.70 per award. The statute sets no separate percentage cap on the private fee agreement between a worker and their own lawyer. That fee must be reasonable under the Delaware Lawyers’ Rules of Professional Conduct, and the fee agreement must be filed with the Board. |
| Statute or rule | 19 Del. C. § 2320(10)(a) |
| Who pays | The employer/insurer pays the Board-awarded fee as a cost of the case when the worker wins at a hearing; any amount still owed under the worker’s own fee agreement comes from the worker’s recovery, reduced by the Board-awarded fee |
| Approval required | YES — for a fee charged to the employer, the Board must allow it and the worker’s lawyer must file an Attorney’s Fee Affidavit with the signed fee agreement (19 Del. C. § 2320(10)(a); Industrial Accident Board Rule 23). The former general fee-approval section, 19 Del. C. § 2127, was repealed in 1997 (71 Del. Laws c. 84). |
| Approved by | Delaware Industrial Accident Board (Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation) |
| Litigation costs | Costs are separate from the attorney’s fee. Under 19 Del. C. § 2320, costs legally incurred may be charged to either party or split between them at the Board’s discretion, as the case requires. |
| Medical-only disputes | The Board may award a fee when a worker wins only unpaid medical expenses. The fee is based on the value of the benefits actually in dispute at the hearing, so medical bills paid before the petition was filed do not count (Delaware Superior Court case law applying § 2320(10)(a)). |
| Employer or insurer pays the fee | The employer pays the Board-awarded fee whenever the worker is awarded compensation at a hearing (19 Del. C. § 2320(10)(a)). This is not limited to bad-faith cases. Exception: if the employer made a written settlement offer at least 30 days before the Board’s trial date, and the offer was equal to or more than what the Board later awarded on that issue, the employer does not pay the fee (§ 2320(10)(a)). No separate bad-faith or unreasonable-controversion fee section was verified. |
| Example: $50,000 settlement | Maximum fee $15,000 |
Costs Outside the Cap
Costs are separate from the attorney’s fee. Under 19 Del. C. § 2320, costs legally incurred may be charged to either party or split between them at the Board’s discretion, as the case requires. The Board may award a fee when a worker wins only unpaid medical expenses.
The fee is based on the value of the benefits actually in dispute at the hearing, so medical bills paid before the petition was filed do not count (Delaware Superior Court case law applying § 2320(10)(a)).
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What a $50,000 Settlement Nets After Workers Comp Attorney Fees Delaware
On a $50,000 settlement the maximum fee under the Delaware cap is $15,000, leaving about $35,000 before any costs and any lien. Represented workers often settle for more than unrepresented ones, which is why the fee is usually not the thing to optimize — the offer is.
When a Lawyer Is Worth the Fee
Workers comp attorney fees Delaware law allows are small enough that a lawyer earns the fee on any denied claim, any permanent injury, any settlement offer you cannot evaluate and any case where the insurer disputes the doctor. A short, medical-only claim that the insurer is paying without dispute rarely needs one.
Reading a Delaware Fee Agreement
Before you sign, check four lines against the workers comp attorney fees Delaware rules above: the percentage (at or under the cap), the words “no fee unless we recover,” who advances costs, and the statement that the fee is subject to approval. If any line is missing, ask — and if the answer is wrong, the state agency’s information line will confirm the rule at no cost.
Got a settlement offer? Before you accept, it helps to know what your Delaware case may really be worth. An attorney can review the offer, often at no upfront cost.
Frequently Asked Questions
How much can a workers comp lawyer charge in Delaware?
When the Industrial Accident Board awards compensation to the worker, it allows a reasonable attorney’s fee that cannot be more than 30% of the award or 10 times Delaware’s average weekly wage, whichever is smaller. The employer pays this fee as a cost of the case. At the current average weekly wage of 1444.07, the dollar limit is 14440.70 per award.
The statute sets no separate percentage cap on the private fee agreement between a worker and their own lawyer. That fee must be reasonable under the Delaware Lawyers’ Rules of Professional Conduct, and the fee agreement must be filed with the Board.. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in Delaware if I lose?
No. A contingency fee is owed only on money recovered. Costs may be handled differently — check the fee agreement.
Who approves attorney fees in a Delaware workers comp case?
Delaware Industrial Accident Board (Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation)
Official Delaware Sources & Resources
- Delaware Delaware Industrial Accident Board / Office of Workers’ Compensation, Division of Industrial Affairs, Delaware Department of Labor: https://industrialaffairs.delaware.gov/workers-compensation
- Delaware Workers’ Comp Statute: https://delcode.delaware.gov/title23/c023/sc01/index.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees Delaware 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.