Sources reviewed October 27, 2026 · Confirm current rules with the agency
When coverage is required
Delaware generally requires workers' comp once you have one employee. Farm work, casual work, and a few other jobs have their own rules. You pay for coverage, and you cannot make workers chip in. Get coverage before your first employee starts.
Owners, contractors, and exceptions
Ask the Office of Workers' Compensation or your insurer about owner exclusions and independent contractors. Keep a clear record of who directs the work, who supplies the tools, and whether the worker runs a separate business. An exclusion needs to match the real facts, not just a contract or tax form.
If an employee is injured
Workers should report injuries as soon as they can. Delaware requires your injury report within 10 days after you learn about it, and both your insurer and the state are involved. Give the worker a copy and follow up when they return to work. Describe the injury honestly even if it seems minor.
Operating without coverage
Delaware can fine you for each employee without coverage and for every day you operate without it (19 Del. C. §2374). If a worker gets hurt while you have no coverage, you may have to pay all their medical bills and lost wages yourself. Workers generally have two years from the accident to file a claim.
How to arrange coverage
Talk to a licensed insurer or agent about Delaware coverage. Check any self-insurance plan before you rely on it. Get your insurer's claim contact and explain the reporting steps to new hires. Keep the claim number, copies of notices, and the dates you sent or got each document.
Benefits and return-to-work planning
A work injury can lead to medical care, time off work, a lasting disability, or benefits for family members if a worker dies. Who qualifies, waiting periods, how wages are figured, and benefit limits all depend on state law and the facts of the claim. Ask your insurer which benefits it is looking at and what records it needs. Go by the doctor's work limits, not your own guess about what the worker can do. If you can offer lighter work, describe the duties and hours clearly and plan it with the doctor and your insurer.
Preparing an accurate cost estimate
Gather payroll by job and location, a description of each type of work, details on working owners, subcontractor records, and your past claims. Ask the insurer to confirm your job classes, how the rate is figured, any experience modifier, the minimum premium, fees, and audit terms. This site's calculator uses a base rate that you enter. It does not give a state-approved rate or a real quote. Compare offers using the same numbers, and track staff and work changes during the year so the final audit is easier.
Forms, posters, and notices
These links go straight to Delaware’s official forms. Your insurer can often send a poster with your policy details already filled in.
- First Report of Occupational Injury or Disease
File with the Office of Workers' Compensation within 10 days of learning of the injury.
- Workers' comp FAQs
Weekly benefit limits
These limits cap the wage replacement checks an injured worker can get. Medical care is paid separately. Limits change every year, so check the source for the latest figures.
- Maximum
- $962.72 a week
- Minimum
- $320.91 a week
- Applies to
- Starting July 1, 2026
Check a contractor’s coverage
The agency does not offer a public coverage search we could confirm. Ask the contractor for a certificate of insurance, then call the insurer listed on it to confirm the policy is active and covers this state.
Owner exemptions and elections
Only corporate officers who own stock can be left off the policy. This is done with an exclusion endorsement on the policy and a written agreement with each officer. Sole owners and partners can choose to be covered. Changes take effect only when the policy starts or renews.
Frequently asked questions
Is workers' comp required in Delaware?
Generally yes. Delaware requires coverage for businesses with one or more employees, with limited exceptions such as some agricultural and casual work.
Do business owners need workers' comp in Delaware?
Ask the Office of Workers' Compensation or your insurer about owner exclusions and independent contractors. Exemptions depend on the actual work arrangement, not just a contract.
How long does an employee have to report a work injury in Delaware?
Employees should tell the employer right away. The employer must file a First Report of Injury within ten days of being notified, and a worker generally has two years from the accident to file a petition.
What happens if a Delaware business doesn't have workers' comp?
Delaware can charge civil penalties for each uninsured employee and each day without coverage, and the employer can be held directly responsible for all medical and wage benefits.
How do I get workers' comp insurance in Delaware?
Buy a policy through a licensed insurer or agent, or get approval to self-insure.
How much does workers' comp cost in Delaware?
Cost depends mostly on your job class codes, the payroll in each class, your experience modifier, and the insurer's rates and minimum premium. Ask a licensed insurer or agent for the base rate for your class code in Delaware, then use this site's calculator for a rough estimate. Your final premium is set at the yearly audit.
Your next steps
Official sources & further reading
Delaware: business insurance requirementsDelaware OWC: FAQsDelaware Code: Chapter 23Delaware OWC: penalties for not carrying insuranceThis summary is for learning, not legal advice. Exceptions and changes may apply. If anything here differs from the official agency or the law, they are what count.