Delaware Workers’ Compensation Guide 2026

Report the injury promptly and preserve proof

Section 2341 requires notice to the employer within 90 days after an accident unless the employer already has actual knowledge. Until notice or knowledge exists, compensation is not due. Ninety days is an outer statutory rule, not a reason to wait: report the incident immediately, preferably in writing, and keep a dated copy.

Describe when, where and how the injury happened, the body parts affected and any witnesses. Ask the employer how the First Report of Injury will be transmitted to its carrier. The insurer must generally notify the Department and claimant within 15 days after learning of a work injury whether the claim is accepted, denied or still under investigation, with reasons.

The employee may choose a physician

Section 2323 permits an injured employee to employ a physician or surgeon of the employee’s own choosing, but requires notice to the employer of that employment within 30 days. Reasonable medical services for a compensable injury are governed by the statutory health-care payment system and practice guidelines.

The employer may request reasonable medical examinations under §2343. Keep treatment notes, work restrictions, referrals, bills and proof that the employer was notified of the selected provider. A medical record should address work causation, functional restrictions and whether total or partial wage loss is medically supported.

Benefits address medical treatment and loss of earning capacity

TTD generally pays two-thirds of AWW within the injury-date limits, with the special full-AWW rule for wages below the minimum. TPD pays two-thirds of the difference between preinjury wages and postinjury earning power and is generally limited to 300 weeks under §2325. Permanent impairment, disfigurement, death and vocational issues use separate provisions.

For injuries from July 1, 2026, the maximum weekly rate is $962.72 and the TTD minimum is $320.91. Use the Delaware calculator to compare total and partial estimates, but use the accepted wage and earning-power findings from the actual claim.

Agreements and contested claims follow different paths

If the parties agree on compensation, §2344 requires a signed memorandum filed with the Department for approval. If liability or benefits are disputed, an interested party may petition the Industrial Accident Board under §2345 for a hearing and award. Identify the exact issue—compensability, treatment, AWW, disability dates, earning power or another question—and organize evidence around it.

An IAB award is generally appealable to the Delaware Superior Court within 30 days after notice of the award was mailed or received by secured email. An appeal is decided from the Board record, so evidence and preserved objections at the administrative stage matter.

Notice and filing are separate deadlines

The 90-day notice rule does not replace the limitation period. Under §2361, a personal-injury claim is generally barred unless the parties agree on compensation or an interested party petitions the Board within two years after the accident. After payments under an approved agreement or award, the statute provides a separate five-year period measured from the last qualifying payment. Occupational disease rules differ.