How much does workers' comp pay in Delaware?
- Delaware temporary total disability pays 66⅔% of wages, between $320.91 and $962.72 a week for injuries on or after July 1, 2026, based on a statewide average weekly wage of $1,444.07.
- At $1,200 AWW the rate is $800.
Official-source review: . General guidance, not legal advice.
Calculate Delaware ordinary total-disability pay
Estimated weekly TTD
$800.00
Assumes full temporary disability and a correct AWW. Does not establish eligibility, apply waiting periods or offsets, or model partial disability.
Delaware permanent-award rules: what actually drives the payout
- Delaware uses a scheduled-loss approach for listed body parts and a percentage-of-disability approach for other permanent impairment.
- The schedule weeks and any separate permanent-award weekly cap were not verified from official sources, so this page explains the method rather than estimating a payout.
Medical impairment, legal disability and loss of earning capacity are different measurements. Use the established award category and applicable rate before doing dollar arithmetic. Do not borrow a rating from Social Security, the VA or another state.
How to evaluate a Delaware settlement
- Delaware settlement approval requirements and whether an agreement can close future medical were not verified from official sources.
- The Industrial Accident Board oversees agreements; read the actual settlement documents and confirm the effect on future medical care.
- Check the wage worksheet, award classification, rating evidence and unpaid benefits.
- Identify exactly which medical conditions, future treatment and wage-loss rights are released.
- Separate gross value from prior payments, approved fees, liens and other adjustments.
- Review Medicare and Social Security coordination when relevant; a medical allocation is not an automatic settlement multiplier.
Delaware workers' compensation rates by injury date
Dated rate history from official Delaware sources, reviewed . Looking for employer premiums? See workers' comp insurance cost by state.
| Injury period | Weekly maximum | Minimum basis |
|---|---|---|
| July 1, 2026 – June 30, 2027 | $962.72 | $320.91; no more than actual wages |
Reporting, filing and official sources
- Give your employer notice of the accident within 90 days unless the employer already has actual knowledge; compensation is not due until notice or knowledge.
- The claim-filing limitations period was not verified from official sources; file promptly.
Delaware benefit questions
How much does workers' comp pay in Delaware?+
Delaware temporary total disability pays 66⅔% of wages, between $320.91 and $962.72 a week for injuries on or after July 1, 2026, based on a statewide average weekly wage of $1,444.07. At $1,200 AWW the rate is $800.
How do permanent disability benefits work in Delaware?+
Delaware uses a scheduled-loss approach for listed body parts and a percentage-of-disability approach for other permanent impairment. The schedule weeks and any separate permanent-award weekly cap were not verified from official sources, so this page explains the method rather than estimating a payout.
Can a Delaware settlement close future medical care?+
Delaware settlement approval requirements and whether an agreement can close future medical were not verified from official sources. The Industrial Accident Board oversees agreements; read the actual settlement documents and confirm the effect on future medical care.
What are the reporting and filing deadlines in Delaware?+
Give your employer notice of the accident within 90 days unless the employer already has actual knowledge; compensation is not due until notice or knowledge. The claim-filing limitations period was not verified from official sources; file promptly.
How much does Delaware workers' comp pay per week?+
Temporary total disability pays 66⅔% of your wages, between $320.91 and $962.72 a week for injuries on or after July 1, 2026.
Does Delaware use a body-part schedule?+
Yes, Delaware uses a scheduled-loss approach for listed body parts, but the per-part week counts were not verified from official sources for this page.
What if my employer already knows about my Delaware injury?+
The 90-day notice requirement is excused when the employer has actual knowledge of the accident, but compensation is not owed until notice or knowledge exists.
Does surgery guarantee a larger Delaware settlement?+
No. Surgery can change treatment costs, restrictions and medical evidence, but there is no automatic surgery multiplier. Permanent disability must be established under the applicable rules. Compare the benefits released and future care needs, not just the procedure name.
Are Delaware workers' comp benefits taxable?+
Benefits paid under a workers' compensation law for an occupational injury or illness are generally excluded from federal income tax. Returned-to-work wages, retirement payments and Social Security offsets can have different tax treatment. Review IRS Publication 525 and seek tax advice for the agreement's allocations.
Can I receive pain and suffering through Delaware workers' comp?+
Workers' compensation generally does not award pain and suffering. A separate claim against a responsible third party may allow different damages, but employer immunity and reimbursement rights need separate legal review.
When should I compare a Delaware settlement offer?+
Compare an offer after understanding the wage calculation, medical condition, permanent-award category, unpaid benefits and rights released. There is no guaranteed settlement timeline. A bigger lump sum may be worse if it transfers expensive future treatment to you.
Where can I verify my Delaware benefit rate?+
Use the official agency resources linked on this page and the written rate calculation in your claim. Injury date, benefit category, wage records and applicable limits matter. An entered rate is not independently verified by this calculator.
These calculations are estimates based on your inputs and general workers' compensation formulas. Actual benefits depend on state law, your specific injury, employer insurance carrier, and other factors. This is not legal advice. Consult a licensed workers' compensation attorney for guidance specific to your claim.