Delaware Workers' Compensation Benefits
Delaware's workers' compensation system pays 66.67% of your average weekly wage, up to a state maximum of $896/week for temporary total disability. Use the calculators below to estimate your weekly benefit, your permanent disability award, and the lump-sum settlement value of your claim.
Delaware benefit snapshot
- Max weekly TTD
- $896
- Min weekly TTD
- -
- Wage replacement
- 66.67%
- Effective
- 2026
How Delaware workers' comp benefits are calculated
Delaware multiplies your average weekly wage (AWW) by 66.67% to determine your weekly wage-replacement benefit. The result is capped at the state maximum of $896 per week.
Your AWW typically reflects gross earnings over the 52 weeks before the injury, including overtime, bonuses, and (in many states) earnings from a second job. Permanent disability awards in Delaware are then calculated by multiplying this weekly rate by a scheduled number of weeks for the affected body part and your impairment percentage.
Weekly benefit examples in Delaware
| Average weekly wage | Weekly TTD (66.67%) | Annual | At state cap? |
|---|---|---|---|
| $600 | $400 | $20,801 | No |
| $900 | $600 | $31,202 | No |
| $1,200 | $800 | $41,602 | No |
| $1,800 | $896 | $46,592 | Yes |
| $2,500 | $896 | $46,592 | Yes |
What affects your Delaware settlement value
- Average weekly wage and resulting weekly TTD rate.
- Permanent impairment rating and the affected body part's scheduled weeks.
- Past and projected future medical costs (including any Medicare set-aside).
- Whether you have legal representation - represented claims settle ~30–40% higher.
- Whether the claim is disputed or has compensability issues.
- Pre-existing conditions or prior injuries to the same body part.
- Your ability to return to work in the same or modified capacity.
Delaware workers' compensation board and claim process
Workers' compensation in Delaware is administered by the Delaware Office of Workers' Compensation. The agency publishes the official claim forms, tracks claim status, and hears disputes when a carrier denies or underpays benefits.
| State agency | Delaware Office of Workers' Compensation |
|---|---|
| Notice to employer | As soon as practicable |
| Deadline to file a claim | 2 years from the date of injury |
| Official website | https://dia.delawareworks.com/workers-comp/ |
How to file a Delaware workers' comp claim
- Report the injury to your employer. Delaware requires notice within As soon as practicable. Put it in writing and keep a dated copy.
- Get medical treatment. Tell the provider the injury happened at work so treatment is billed to the comp carrier, not your health insurance.
- Confirm the first report of injury was filed. Your employer must report the claim to its insurance carrier, which opens the claim file.
- Track your wage-replacement checks. Compare each check against the $800 you would receive on a $1,200 AWW at 66.67% to spot an understated average weekly wage.
- File a formal claim if benefits stall. If the carrier denies, delays, or underpays, file with the Delaware Office of Workers' Compensation within 2 years from the date of injury.
- Resolve permanent disability. After Maximum Medical Improvement you receive an impairment rating, which drives your PPD award or lump-sum settlement.
Deadlines above are general statutory guidelines for traumatic injuries. Occupational disease, repetitive trauma, and death claims can follow different timelines. Confirm your dates with the Delaware Office of Workers' Compensation or a Delaware workers' comp attorney.
Delaware workers' comp FAQ
Who administers workers' compensation claims in Delaware?+
Claims are administered by the Delaware Office of Workers' Compensation. Forms, claim status information, and dispute procedures are published at https://dia.delawareworks.com/workers-comp/.
How do I file a workers' comp claim in Delaware?+
Report the injury to your employer (As soon as practicable in Delaware), get medical treatment and tell the provider it is work related, then confirm your employer filed the first report of injury with its carrier. If benefits are denied or delayed, file a formal claim with the Delaware Office of Workers' Compensation. The filing deadline is generally 2 years from the date of injury.
What is the deadline to file a workers' comp claim in Delaware?+
Delaware generally requires notice to your employer within As soon as practicable, and a formal claim filed within 2 years from the date of injury. Occupational disease, repetitive trauma, and death claims can follow different deadlines, so confirm with the Delaware Office of Workers' Compensation.
What is the maximum weekly workers' comp benefit in Delaware?+
The current maximum TTD rate in Delaware is $896 per week.
How is the weekly workers' comp rate calculated in Delaware?+
Delaware pays 66.67% of your average weekly wage (AWW), capped at $896 per week.
What is the minimum workers' comp benefit in Delaware?+
Delaware does not set a fixed statutory minimum weekly TTD benefit.
How long can I receive TTD benefits in Delaware?+
TTD continues until you return to work, are released by your treating physician, or reach Maximum Medical Improvement (MMI). Delaware also caps the total number of TTD weeks under state statute.
Are workers' comp benefits taxable in Delaware?+
No. Workers' compensation benefits in Delaware are exempt from federal and state income tax.
Can I see my own doctor in Delaware?+
Treating-physician choice rules vary by state. In many states the employer or insurer chooses the initial physician; some states allow the worker to select their own. Check the Delaware workers' comp board for your specific rights.
What if my Delaware employer is underpaying me?+
Insurance carriers commonly miscalculate AWW by excluding overtime, bonuses, or secondary income. If your weekly check ($800 for an AWW of $1,200) appears low, request the carrier's AWW worksheet and consult a Delaware workers' comp attorney.
Get a Free Delaware Workers' Comp Claim Review
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Workers' comp calculators by state
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.