Delaware treats a stopped check differently from most states. Under the Office of Workers' Compensation FAQ, benefits end only when you go back to work and sign a receipt or when the Board grants the employer's Petition to Terminate Benefits. If your payments simply quit arriving, ask the adjuster why in writing and keep every reply.
You also get more time to report than many workers do: 90 days to tell your employer about the accident. And you pick the treating doctor yourself, from any certified health care provider.
Weekly checks under Delaware law
Total disability pays two-thirds of your weekly wages. The state rate chart sets the range for injuries from July 1, 2026: no more than $962.72 and no less than $320.91 a week.
There is a short gap at the start. Checks begin on the fourth day of disability. If you stay out 7 days or more, the insurer pays those first three days too. For a rough figure based on your own pay stub, try our benefit calculator.
| Weekly check | two-thirds (66 2/3%) of your weekly wages |
|---|---|
| Weekly cap, injuries from July 1, 2026 | $962.72 |
| Weekly minimum, injuries from July 1, 2026 | $320.91 |
| Waiting period | checks start on the fourth day; if you are out 7 days or more, you are paid from the first day |
Dates to put on your calendar
- Notice to your employer: within 90 days of the accident.
- Petition to Determine Compensation Due, filed with the Industrial Accident Board: within two years of the accident. For an occupational disease (an illness the job caused over time), the limit is one year from diagnosis.
- Appeal of a Board award to Superior Court: within 30 days of the day the notice of award was mailed.
The two-year petition date is the one people lose track of. It counts from the accident itself, so a long wait for the insurer to answer does not pause it.
When the carrier says no in Delaware
A denial is the carrier's position. It does not close your case. The answer is a Petition to Determine Compensation Due, which asks the Board to decide what you are owed. The state says there is no filing fee and you may file with or without an attorney.
If the employer has filed a Petition to Terminate Benefits instead, your checks are supposed to keep coming until the Board rules on it. Treat that hearing as the main event and gather your medical records early. Got a letter full of jargon? Paste it into our letter explainer.
How a Delaware workers comp lawyer gets paid
Delaware limits the attorney fee the Board can award when you win. The cap is 30% of the award or ten times the state average weekly wage, whichever is smaller. The statute treats that fee as a cost charged against a party, so the Board sets it on the record.
For a plain explanation of contingency fees (a fee paid only from what is recovered), see our fee guide.
Who handles Delaware claims
The Office of Workers' Compensation, part of the Department of Labor's Division of Industrial Affairs, keeps claim records and supports the Industrial Accident Board. Its main line is (302) 761-8200.
People also ask
Can my employer make me see its doctor?
For treatment, Delaware lets you choose any certified health care provider. Tell the insurer which provider you picked so the bills reach the right place.
Do I pay anything to file a petition with the Board?
No. The Office of Workers' Compensation says there is no filing fee for a petition.