Workers comp rates and rules in Delaware
Delaware has 0 workers comp class codes with filed rates, a maximum weekly benefit of $996 (66.67% of average weekly wage), and a statute of limitations of 2 years. Verified 2026-05-08.
Class code rate comparison
The top 0 workers comp class codes filed in Delaware, sorted from cheapest to most expensive per $100 of payroll. Cross-state percentile shows where each code sits versus the same code in other states.
| State | Occupation | Code | Rate per $100 | vs peers | Source |
|---|
Bottom quartile (cheap) Mid Top quartile (expensive) This state
Delaware coverage rules & benefits
Coverage threshold
All employers with one or more employees must carry workers' compensation insurance.
Max weekly benefit
$996 (66.67% of average weekly wage), effective 2024.
TTD weeks
401 weeks of temporary total disability benefits.
PPD weeks
250 weeks of permanent partial disability (whole-body schedule).
Death benefit
Up to $398,400 in fatal-claim death benefits to dependents.
Statute of limitations
2 years from injury date to file the claim.
1099 contractor treatment
Independent contractors (1099) are generally not considered employees for WC purposes if they meet specific criteria (e.g., control test). Misclassification can lead to penalties.
Owner exclusion
Allowed. Sole proprietor self-coverage: optional. LLC member self-coverage: optional.
Estimate your premium in Delaware
Pre-filled to Delaware. Pick your industry and payroll to see a real premium range from filed rates.
Estimate your workers comp premium
Pick your industry, state, and annual payroll. Range comes from real rate filings.
Filing & compliance in Delaware
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Step 1, Confirm coverage threshold
All employers with one or more employees must carry workers' compensation insurance.
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Step 2, Determine class code
Your premium uses the NCCI class code that best matches your operation. The wrong class code can cost 4-10x more or get reclassified at audit.
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Step 3, Get a quote (or use the state fund)
Private carriers like Travelers, Hartford, and Liberty Mutual write coverage in Delaware. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Track payroll & subcontractors
A general contractor is typically responsible for ensuring subcontractors carry WC. If a subcontractor does not have coverage, the general contractor may be liable for injuries to the subcontractor's employees. Keep certificates of insurance for every sub.
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Step 5, Annual audit
Carriers audit payroll within 90 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll.
Delaware workers comp FAQs
Who has to carry workers compensation insurance in Delaware?
All employers with one or more employees must carry workers' compensation insurance.
What is the maximum weekly workers comp benefit in Delaware?
The current maximum weekly benefit in Delaware is $996 (effective 2024). Benefits are typically 66.67% of the average weekly wage, capped at the state maximum.
How long do I have to file a workers comp claim in Delaware?
The statute of limitations for filing a workers compensation claim in Delaware is 2 years from the date of injury. Notice to the employer is typically required within 30 days.
Are 1099 contractors covered by workers comp in Delaware?
Independent contractors (1099) are generally not considered employees for WC purposes if they meet specific criteria (e.g., control test). Misclassification can lead to penalties.
Can business owners exclude themselves from workers comp coverage in Delaware?
Yes, Delaware allows business owners (sole proprietors, partners, LLC members, corporate officers) to exclude themselves from coverage by filing the appropriate election form. Sole-proprietor self-coverage is not required; LLC member self-coverage is not required.
What is the penalty for not carrying workers comp in Delaware?
Penalties include fines, stop-work orders, and potential criminal charges. Employers can be held personally liable for benefits.
When does my workers comp carrier audit my payroll in Delaware?
Delaware typically requires a payroll audit within 90 days of policy expiration. Final premium is reconciled to actual payroll, and class code allocation can shift based on the audit findings. Keep payroll segregated by class code and have job-duty documentation ready.
Am I liable for subcontractors' workers comp in Delaware?
A general contractor is typically responsible for ensuring subcontractors carry WC. If a subcontractor does not have coverage, the general contractor may be liable for injuries to the subcontractor's employees.