Delaware Workers Comp Guide
The Delaware workers comp process has a defined order — report, treat, file, wait — and understanding it before you're in the middle of it makes each step less stressful.
How to File a Claim in Delaware
Before anything else, your employer needs to know. That notification is what triggers their obligation to report the claim to their insurer.
- Report the injury to your employer as soon as possible
- Seek medical treatment and inform the provider it's work-related
- Your employer files a First Report of Injury with their insurer
- File your own claim within Delaware's deadline — see below
- Cooperate with the insurer's investigation and any requested exams
Filing Deadline and Waiting Period
Delaware's general filing deadline is 2 years from the date of injury, and there's a 3-day waiting period before wage-replacement benefits begin. See the full filing deadline guide for tolling rules and what happens if you miss it.
What Happens After You File
Filing doesn't mean the process is over — it means the insurer's clock starts. Keep records of every communication from this point forward.
Do You Need an Attorney in Delaware?
Whether you need an attorney in Delaware usually comes down to whether the insurer is disputing something. An uncontested claim for a minor injury rarely requires one; a denied claim or permanent disability almost always benefits from one. Delaware caps attorney contingency fees at 30%.