A Step-by-Step Guide to the Delaware Workers’ Comp Process
Filing a workers’ compensation claim in Delaware starts with reporting your injury to your employer within 90 days, getting medical treatment from a certified provider, and making sure your employer files a First Report of Injury with the Delaware Office of Workers’ Compensation. If your claim is denied or disputed, you have two years from the date of injury to file a petition with the Industrial Accident Board.
Delaware law requires nearly every employer in the state to carry workers’ compensation insurance. That means if you’re hurt on the job, a system already exists to cover your medical bills and replace a portion of your lost wages. But knowing you’re covered and knowing how to actually get those benefits are two different things.
The claims process has specific deadlines, required forms, and procedural steps that your employer’s insurance company is counting on you to miss. Here’s how to get it right from the start.
Who Is Covered by Delaware Workers’ Compensation?
Under Delaware Code Title 19, Chapter 23, any employer with one or more employees must carry workers’ compensation insurance. The coverage extends to full-time, part-time, and seasonal workers. It doesn’t matter whether you’ve been on the job for ten years or ten days. If you’re an employee and you get hurt at work, you’re covered.
There are a few narrow exceptions. Farm laborers are exempt unless their employer voluntarily purchases coverage. Household workers earning less than $750 in any three-month period from a single household are also exempt. Independent contractors are not covered, though employers sometimes misclassify employees as contractors to avoid their obligations. If you’re told you’re “not an employee” but you work set hours, use company equipment, and take direction from a supervisor, that classification may be wrong.
Step 1: Report the Injury to Your Employer
The first thing you need to do after a work injury is tell your employer. Delaware law gives you 90 days to report a workplace injury in writing, and six months (180 days) to report an occupational illness. Those are the outer limits. Don’t treat them as targets.
Report the injury the same day it happens, or as soon as you’re physically able. A verbal report to your supervisor is a start, but follow it up with something in writing, whether that’s an email, a written incident report, or a text message. You want a record that shows exactly when you reported, what you reported, and who you reported it to.
Be specific about what happened. “I hurt my back at work” is weaker than “I was lifting a pallet of inventory in the warehouse at approximately 2:15 PM and felt a sharp pain in my lower back.” Details matter when the insurance company starts looking for reasons to question your claim.
What Happens If You Miss the Reporting Deadline
If you don’t notify your employer within 90 days, you become ineligible for compensation until notice is provided. The clock doesn’t pause because you thought the injury would heal on its own or because you were afraid of retaliation. Report it, even if it seems minor at first. Injuries that feel manageable on day one can turn into serious medical problems by week three.
Step 2: Get Medical Treatment
Go to the doctor. Don’t wait to see if the pain goes away, don’t try to tough it out, and don’t let your employer pressure you into skipping medical care. Your health comes first, and your medical records are the foundation of your entire claim.
Can You Choose Your Own Doctor?
In Delaware, you have the right to choose your own treating physician, but the doctor must be workers’ compensation certified in the state. Not every doctor carries this certification, so confirm before your first visit. The Delaware Department of Labor maintains information on provider certification requirements.
Your employer also has the right to require you to see a doctor of their choosing for an independent examination. This is separate from your treatment. The employer’s doctor evaluates your injuries and treatment plan, often with an eye toward limiting the insurance company’s exposure. Your own doctor’s findings carry weight too, so don’t skip your own medical appointments just because the employer’s doctor says you’re fine.
What Medical Costs Are Covered
Workers’ compensation covers all reasonable and necessary medical expenses related to your work injury, starting from the date of the accident. This includes emergency room visits, surgeries, physical therapy, prescription medications, diagnostic imaging, and any follow-up care your doctor recommends. There are no copays and no deductibles. Your employer’s insurance pays the full cost of approved treatment.
Step 3: Your Employer Files the First Report of Injury
Once you report your injury, your employer is required to file a First Report of Injury with the Delaware Office of Workers’ Compensation within 10 days. This is their obligation, not yours. But you should follow up to confirm it’s been done, because delays at this stage slow down your entire claim.
If your employer refuses to file the report or claims the injury didn’t happen at work, that’s a red flag. Document everything and contact an attorney. An employer who won’t file the paperwork is an employer who plans to fight your claim.
Step 4: The Insurance Company Responds
After your employer files the First Report of Injury, their insurance company will review your claim and do one of two things: acknowledge it or deny it.
If Your Claim Is Acknowledged
If the insurer accepts your claim, you and your employer sign an Agreement as to Compensation, which is then filed with the Office of Workers’ Compensation. This agreement outlines the benefits you’ll receive, including medical coverage and wage replacement. Once it’s filed and approved, your benefits begin.
If Your Claim Is Denied
A denial doesn’t mean your claim is over. Insurance companies deny legitimate claims regularly, often hoping the injured worker will give up rather than fight back. Common reasons for denial include disputes about whether the injury happened at work, claims that a pre-existing condition caused the problem, or arguments that you didn’t report the injury in time.
If your claim is denied, your next step is filing a Petition to Determine Compensation Due with the Industrial Accident Board. You have two years from the date of injury to file this petition.
Know Your Benefits
Delaware workers’ compensation provides several categories of benefits, and knowing what you’re entitled to helps you spot when an insurance company is shortchanging you.
Medical Benefits
All reasonable and necessary medical treatment related to your work injury is covered from day one. There’s no waiting period for medical care. This continues for as long as your doctor says treatment is needed, subject to review by the insurance company.
Temporary Total Disability (TTD)
If your injury prevents you from working at all, you’re entitled to TTD benefits at 66⅔% of your average weekly wage, subject to Delaware’s statutory minimum and maximum. Benefits don’t kick in until you’ve missed more than three days of work. If your disability extends beyond seven days, you’ll receive retroactive payment for those first three days. TTD benefits can continue for up to 300 weeks.
Temporary Partial Disability (TPD)
If you can return to work but at reduced capacity or lower pay, TPD covers 66⅔% of the difference between your pre-injury wages and your current reduced earnings.
Permanent Partial Disability
If your injury results in a permanent impairment, you may be entitled to benefits based on a disability rating assigned to the affected body part. Delaware uses a scheduled loss system that assigns a specific number of weeks to each body part (arms, legs, hands, feet, fingers, toes, hearing, vision). Your benefit is calculated as two-thirds of your average weekly wage, multiplied by the impairment rating and the number of scheduled weeks for that body part.
Disfigurement Benefits
If your work injury leaves visible scarring or disfigurement, you may be entitled to separate disfigurement benefits in addition to your disability compensation.
The Petition and Hearing Process
If your claim is denied, disputed, or if you and the insurance company can’t agree on the benefits you’re owed, the case moves to the Industrial Accident Board (IAB).
Filing the Petition
You file a Petition to Determine Compensation Due with the Office of Workers’ Compensation. This petition lays out what benefits you’re seeking and why. The two-year deadline from the date of injury applies here, so don’t wait until the last minute. Building a strong petition takes time.
Pre-Trial Conference
After the petition is filed, a pre-trial conference is scheduled. At this conference, both sides complete a pre-trial memorandum listing the benefits being sought, witnesses who may testify, and the key issues in dispute. This is where the scope of the hearing gets defined.
The IAB Hearing
The Industrial Accident Board conducts a formal hearing where both sides present evidence, call witnesses, and argue their positions. A panel of board members listens to the evidence and issues a written decision. While less formal than a Superior Court proceeding, this is still a legal hearing. Having an attorney represent you here is not optional if you want to give your case its best chance.
Appeals
If the IAB rules against you, you have 30 days to appeal the decision to Delaware Superior Court. If the Superior Court also rules against you, another 30-day window exists to appeal to the Delaware Supreme Court.
Common Mistakes That Hurt Workers’ Comp Claims
Insurance companies look for any reason to reduce or deny your benefits. Avoid giving them one.
Waiting Too Long to Report
Every day you wait to report your injury gives the insurance company a stronger argument that the injury either didn’t happen at work or isn’t as serious as you claim. Report on day one.
Gaps in Medical Treatment
Skipping appointments, delaying follow-ups, or stopping treatment early signals to the insurance company that you’ve recovered, even if you haven’t. Follow your doctor’s treatment plan consistently.
Giving a Recorded Statement Without an Attorney
The insurance adjuster may ask you to give a recorded statement about how the injury happened and how you’re feeling. Everything you say in that statement will be used to minimize your claim. An attorney can prepare you for what to expect and make sure your words aren’t twisted against you.
Posting on Social Media
Insurance investigators monitor social media. A photo of you at a family barbecue or a post about going for a walk can be taken out of context and used to argue that your injuries aren’t preventing you from working. Keep your injury and recovery off social media entirely.
Accepting the First Offer Without Question
The insurance company’s first settlement offer is almost never their best offer. It’s a starting point designed to close the claim as cheaply as possible. An attorney can evaluate whether the offer reflects the true value of your claim, including future medical needs and long-term disability.
Why an Attorney Makes a Difference in Workers’ Comp Cases
Workers’ compensation is supposed to be a straightforward system. You get hurt at work, you file a claim, you get benefits. In practice, insurance companies make the process as difficult as possible. They deny valid claims. They dispute the severity of injuries. They send you to doctors who minimize your condition. They pressure you to settle for less than you deserve.
A workers’ compensation attorney who has seen these tactics from both sides of the table knows exactly how to counter them. Someone who started their career representing insurance companies and then switched to fighting for injured workers brings a perspective that’s hard to replicate. They know what the insurer’s playbook looks like because they used to run it.
That kind of experience means knowing which medical evidence will hold up at a hearing, which settlement offers are fair and which are lowball, and when to push a case to the Industrial Accident Board instead of accepting a bad deal.
FAQs About Filing Workers’ Comp Claims in Delaware
How long do I have to file a workers’ compensation claim in Delaware?
You must report your injury to your employer within 90 days (or 180 days for an occupational illness). If your claim is denied or disputed, you have two years from the date of injury to file a Petition to Determine Compensation Due with the Industrial Accident Board.
Do I need to prove my employer was at fault for my injury?
No. Delaware workers’ compensation is a no-fault system. You don’t need to prove your employer did anything wrong. You only need to show that the injury happened at work or because of your work duties. Fault doesn’t factor into your eligibility for benefits.
Can my employer fire me for filing a workers’ comp claim?
Delaware law prohibits employers from retaliating against employees who file workers’ compensation claims. If you’re terminated, demoted, or have your hours cut because you filed a claim, you may have a separate legal claim for retaliation. Document any changes in your employment status after filing.
What if my employer doesn’t have workers’ compensation insurance?
Delaware law requires nearly all employers to carry workers’ comp insurance. An employer operating without coverage faces penalties of up to three times the premiums they should have paid, plus $10 per employee per day. You can still file a claim through the Delaware Office of Workers’ Compensation, and you may also have the right to sue your employer directly for damages.
Can I see my own doctor for a work injury?
Yes, but your doctor must be workers’ compensation certified in Delaware. Your employer can also require you to see a doctor of their choosing for an independent examination, but this doesn’t replace your right to your own treating physician.
How much will I receive in wage replacement benefits?
Temporary total disability benefits pay 66⅔% of your average weekly wage, subject to Delaware’s statutory minimum and maximum limits. Benefits begin after you’ve missed more than three days of work. If your disability lasts longer than seven days, the first three days are paid retroactively.
What if my injury gets worse after my claim is settled?
Delaware allows you to file a Petition to Review a workers’ compensation agreement if your condition worsens. This is different from reopening a denied claim. Talk to an attorney about whether your changed condition qualifies for additional benefits under your existing agreement.
Hurt at Work in Delaware? Get the Benefits You’ve Earned.
You didn’t choose to get injured on the job. But you do get to choose how you handle what comes next. The workers’ compensation system exists to protect you, and an experienced attorney makes sure the insurance company doesn’t turn that system against you.
The Law Office of Heather A. Long represents injured workers throughout Delaware, including the Middletown, Odessa, and Townsend communities. As a former insurance defense attorney, Heather spent years on the other side of these claims. Now she uses that experience to fight for the workers who deserve those benefits. Her background as a paramedic means she understands workplace injuries from the scene forward, not just from the courtroom.
Call (302) 466-5664 to talk about your case. When you call, you get our office directly, not a call center. The consultation is free, and you won’t pay a thing unless we win.
