Delaware Workers’ Compensation Requirements

An A-Z guide on everything you need to know before you purchase a Delaware Workers' Comp Insurance Policy

Delaware workers’ compensation requirements state that if you have one or more employees, you must provide workers' comp insurance. Having the appropriate insurance coverage can protect you in a variety of ways.

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Sole proprietors, independent contractors, partners, and business owners don't need to be covered.

Exempt workers include:

  • Individuals with government jobs
  • Low-earning domestic workers and farm workers
  • Some real estate sales professionals

Is workers’ comp insurance required in Delaware?

If you have even one employee, you must provide workers’ compensation insurance so they will be taken care of in case of injury or illness at work.

Do you need workers’ compensation coverage if you’re self-employed?

Sole proprietors, independent contractors, partners, and business owners in Delaware are not required to purchase workers’ compensation for themselves.

Who is exempt from Delaware workers’ comp requirements?

There are a few exemptions including government employees, low-earning domestic workers and farm workers and some real estate sales professionals

How much is workers’ comp coverage in Delaware?

Your Delaware workers’ comp rate will depend on the following factors:

  • The type of business you have
  • The size of your payroll
  • Your safety record
  • Claim history
workers comp policy cost

How can Delaware small business owners save money on workers' comp?

Here are some things you can do to save money.

How does workers’ comp work in DE?

The first step is to get a workers’ compensation quote based on the estimated annual payroll for your business. You should try to get a few quotes and pick the one that offers the right coverage for the best price.

Then you’ll sign the papers and get a year of coverage. You will probably have a few options on how to pay your bills, either upfront or monthly.  Some insurance companies also offer a pay-as-you-go option.

After the term is complete, your payroll is audited for accuracy. If your estimate was too low, you will get a bill; if it was too high, you could get a refund.

What does workers’ comp cover in Delaware?

Workers who file a workers' comp claim in Delaware can receive benefits for the following:

workers comp covers medical bills

Medical bills

workers comp covers lost wages

Lost Wages

Workers' comp coverage also protects employers from legal action. This means that if an employee sues your business because of a workplace injury, the insurance will cover the legal costs of the case.

How to get workers’ comp insurance in Delaware?

You can purchase a policy through any agent, broker, or company licensed to operate in the state. 

Kickstand Insurance offers instant quotes so you can see your estimated premiums right away.

What can happen if I don’t have workers’ comp insurance in DE?

There are penalties for businesses that do not have appropriate workers’ compensation insurance in Delaware. 

One of the most common consequences is the need to pay fines. This can be up to three times the amount you would have paid in insurance premiums. 

On top of that, if an employee is ill or injured and you have no policy, you’ll be liable for all the lost wages and medical costs. 

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What are workers’ comp death benefits in DE?

In Delaware, the children and spouses of deceased workers are eligible for death benefits. If there are no dependents, the money will go to the surviving parents or siblings if they depend on the worker for at least 50% of their support at the time of death. 

The maximum burial allowance is $3,500. Families in the state can also receive the worker’s average weekly wage, with a minimum limit of $237 and a maximum benefit of $713 each week. 

In this state, death benefits are available for an unlimited period. However, they stop if the spouse dies or gets remarried. Children receive benefits until they turn 18 or 25 if they are full-time students. Disabled children have no time limit on benefits.

How do workers’ comp settlements work in DE?

Workers’ comp settlements can be paid in installments or a lump sum. The employee must agree to a lump sum payment if that is the choice. 

The settlement amount can vary considerably based on the accident or injury, how it impacts the worker’s life, and other factors. 

What are the statutes of limitations regarding workers’ comp in DE?

If you need to file a claim for workers’ compensation in Delaware, you have two years from the date of the illness or injury. In situations where occupational exposure is involved, you have up to a year to move forward.

How do I get a workers’ comp insurance policy with Kickstand Insurance?

Start by filling out a short online form about your business. We’ll use that info to get you an estimated quote. Then, one of our experienced agents will contact you to review the quote and make sure you are getting the absolutely lowest rate possible for your business. Once the quote is finalized, you’re ready to buy the policy - often with coverage starting that day!

Learn more about Workers' Comp in Delaware

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  • Avoid surprise bills at audit
  • Make sure all your employees are properly covered
  • Protect yourself from lawsuits

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