Delaware workers compensation covers most workplace injuries — but it may not be your only option. Third-party claims can provide significantly more compensation.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Delaware workers compensation: report injury immediately. Personal injury claims against third parties: 2 years from the date of injury.
Delaware requires most employers to carry workers compensation insurance (19 Del. C. § 2301 et seq.). Benefits include medical treatment, temporary total disability at 2/3 of wages, and permanent impairment benefits. Delaware disputes are heard by the Industrial Accident Board.
Delaware-Specific Tip
Delaware's Industrial Accident Board hears workers compensation disputes. Delaware has a specific schedule of benefits for permanent impairment of specific body parts. An experienced Delaware workers comp attorney can evaluate the full value of your permanent impairment claim.
📊 Delaware's workers compensation system processes tens of thousands of claims annually. Third-party claims are frequently overlooked but can dramatically increase total recovery.
Report the injury to your supervisor in writing immediately
Seek medical attention immediately
File a workers compensation claim with your employer under Delaware law
Document all expenses, lost wages, and out-of-pocket costs
Evaluate whether any third party contributed to your injury
Contact a Delaware workplace injury attorney to evaluate all available claims
Delaware requires most employers to carry workers compensation insurance (19 Del. C. § 2301 et seq.). Benefits include medical treatment, temporary total disability at 2/3 of wages, and permanent impairment benefits. Delaware disputes are heard by the Industrial Accident Board.
Generally workers compensation is the exclusive remedy against your direct employer. However you can still pursue third-party claims against any other party whose negligence contributed to your injury — contractors, equipment manufacturers, and property owners.
Even if your employer carries workers compensation, you can sue any third party whose negligence contributed to your injury. These third-party claims can include pain and suffering damages that workers comp does not cover, and can be pursued simultaneously with a workers comp claim.
No upfront cost. Contingency fees — you only pay if you win.
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