Frequently Asked Questions

 Yes. Most employees working in Delaware are covered by workers’ compensation insurance from their first day of employment. Employers with one or more employees must maintain coverage. Certain individuals—such as independent contractors or specific agricultural workers—may be exempt. 

 Notify your employer immediately and request medical treatment. Your employer is required to file a First Report of Occupational Injury or Disease with the Office of Workers’ Compensation within 10 days of being notified. Prompt reporting helps protect your right to benefits. 

You may be eligible for:

• Medical care related to the injury or illness
• Wage replacement (temporary total or partial disability)
• Permanent impairment or disfigurement benefits
• Vocational rehabilitation services
• Death benefits for dependents in fatal cases

 Yes. Under 19 Del. C. §2322D, you have the right to select any certified health care provider authorized by the Delaware Office of Workers’ Compensation. Certified providers are approved to treat work-related injuries and follow state fee schedules and care guidelines. 

 If your claim is denied, you may file a Petition to Determine Compensation Due with the Industrial Accident Board (IAB). The Board will schedule a hearing and decide your eligibility for benefits. You have two years from the date of the accident (or one year from the diagnosis of an occupational disease) to file a petition. 

If your employer denies your claim, you may file a petition with or without an attorney. The Office of Workers’ Compensation charges no filing fee.

• While OWC staff cannot provide legal advice, a Workers’ Compensation Specialist is available to guide you through the petition process.
• If your case proceeds to a hearing, you are responsible for arranging the attendance or deposition of a medical witness.
• Employers must be represented by an attorney, but you are not required to have one.

 Once filed, the OWC schedules a Pretrial Conference where a Pretrial Memorandum is completed to identify benefits sought and witnesses needed. A formal hearing will then be scheduled before the Industrial Accident Board or a Hearing Officer—typically within 120 days for wage-related cases.

Although the hearing is less formal than Superior Court, it is still a legal proceeding. The burden of proof rests with the party filing the petition. 

 No. Delaware law prohibits employers from discharging, threatening, or discriminating against employees for filing a workers’ compensation claim or participating in related proceedings. 

Yes. Benefits may stop if:

• You return to work and sign a receipt, or
• Your employer files a Petition to Terminate Benefits and it is granted by the Industrial Accident Board.

 No. Employers are solely responsible for the cost of workers’ compensation insurance coverage. 

 Yes. Both full-time and part-time employees are covered under Delaware’s workers’ compensation laws. 

 Yes. Under 19 Del. C. §2343, your employer may require you to attend an examination by their designated doctor to verify the extent of your injury. However, you still retain the right to receive care from a provider of your choice. 

Employers must:

• Provide prompt access to medical care
• File the required injury report with the OWC within 10 days
• Maintain valid workers’ compensation insurance
• Cooperate with the insurance carrier throughout the claim process

 

 

 Wage replacement benefits are typically two-thirds (66⅔%) of the difference between the employee’s pre-injury average weekly wage and post-injury earnings, subject to Delaware’s statutory minimum and maximum limits. 

Yes. Delaware law requires that employers be represented by an attorney in any formal hearing before the Industrial Accident Board (IAB), unless the employer is self-insured and represented by an authorized company officer.

• The employer’s insurance carrier generally hires defense counsel.
• Adjusters may communicate for scheduling purposes but cannot appear or argue in place of an attorney.

No. You are not required to hold a position open; however, attempting to accommodate modified or light-duty work may reduce costs and shorten disability periods. Failure to do so could also raise issues under federal employment laws. 

 This is governed by federal law. Please contact the U.S. Department of Labor for guidance on continuation of health benefits. 

 Yes. Refer to 19 Del. C. §§2307 and 2308 for details on specific exemptions, such as certain farm workers, independent contractors, and casual employees.