Workers' Compensation: Delaware

Federal law and guidance on this subject should be reviewed together with this section.

Author: Kevin Hess, Fisher Phillips

Summary

• All Delaware employers are required to post the generic Delaware Labor Law poster, which incorporates information related to workers' compensation rights and responsibilities. See Notice Requirements.
• All Delaware employers required to provide workers' compensation insurance to protect their employees, with very few exceptions. See Covered Employers.
• All employees are covered by workers' compensation insurance, with few exceptions. See Covered Employees.
• To be eligible for benefits, personal injuries or occupational illnesses must arise in the course and scope of employment. See Compensable Injuries and Illnesses.
• Employers may not be liable for injuries incurred under certain specific circumstances. See Employer Defenses to Workers' Compensation Claims.
• Workers' compensation pays for reasonable medical benefits as well as partial payment of lost wages due to injury. See Benefits.
• Claims must be filed in a timely manner. Denied claims may be processed through a claims procedure. See Claims Procedure.
• Employers are prohibited from retaliating in any way against an employee who files or attempts to file a workers' compensation claim. See Retaliation and Interference.