How to File a Workers' Compensation Claim in Delaware
Reviewed by DocDraft Legal Team · Delaware · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In Delaware, the system is administered by the Office of Workers' Compensation within the Department of Labor's Division of Industrial Affairs, and disputes are decided by the Industrial Accident Board (IAB). Two deadlines are critical. You must give your employer notice of the injury within 90 days after the accident (19 Del. C. 2341), and you generally have two years after the accident to file your claim with the Board (19 Del. C. 2361). After you report the injury, your employer files a First Report of Occupational Injury or Disease with its insurance carrier and the Office of Workers' Compensation. The carrier decides whether to accept and pay benefits, and if it denies or disputes the claim you file a Petition to Determine Compensation Due with the IAB. Attorney review of your claim is available through DocDraft.
Find out where you stand in Delaware
Where are you after your work injury?
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How do I file a workers' compensation claim in Delaware?
First, report your injury to your employer as soon as possible; Delaware requires notice within 90 days of the accident (19 Del. C. 2341). Your employer then files a First Report of Occupational Injury or Disease with its insurer, which decides whether to accept your claim and pay benefits.
How long do I have to file a workers' compensation claim in Delaware?
Two deadlines matter. You must give your employer notice of the injury within 90 days after the accident (19 Del. C. 2341). Separately, you generally have two years after the accident to file your claim with the Industrial Accident Board (19 Del. C. 2361). Missing either can bar your benefits.
What form do I file for a workers' compensation claim in Delaware?
After you report the injury, your employer files a First Report of Occupational Injury or Disease with its insurer and the Office of Workers' Compensation. If the insurer denies or disputes your claim, you file a Petition to Determine Compensation Due with the Industrial Accident Board to request a hearing.
Who handles workers' compensation claims in Delaware?
Delaware's workers' compensation system is administered by the Office of Workers' Compensation, part of the Department of Labor's Division of Industrial Affairs. Your employer's insurance carrier decides your claim day to day. If a dispute arises, the Industrial Accident Board adjudicates it after you file a petition.
Delaware workers' compensation claim law at a glance
In Delaware, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is run by the Office of Workers' Compensation within the Department of Labor's Division of Industrial Affairs, and contested claims are decided by the Industrial Accident Board (IAB). You must give your employer notice of the injury within 90 days after the accident (19 Del. C. 2341). Once notified, your employer files a First Report of Occupational Injury or Disease with its insurance carrier and the Office of Workers' Compensation. The carrier then decides whether to accept and pay benefits. If it denies or disputes the claim, you generally have two years after the accident to file a Petition to Determine Compensation Due with the IAB (19 Del. C. 2361).
Filing a Delaware workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a Delaware warehouse. You tell your supervisor and put the injury in writing that week, staying well inside the 90-day notice deadline (19 Del. C. 2341). Your employer files a First Report of Occupational Injury or Disease with its insurer, which starts paying for your medical treatment. Months later, the carrier disputes how much wage-loss compensation you are owed. Because you must act within two years after the accident (19 Del. C. 2361), you file a Petition to Determine Compensation Due with the Industrial Accident Board. The Office of Workers' Compensation schedules a hearing, where both sides present evidence. Attorney review of your claim is available through DocDraft.
Relevant Laws
19 Del. C. 2341 (90-day notice of injury to employer)
Provides that unless the employer has actual knowledge of the injury or the employee, or someone on the employee's behalf, gives notice of the injury to the employer within 90 days after the accident, no compensation is due until such notice is given or knowledge obtained.
19 Del. C. 2342 (occupational disease notice)
Requires written notice or claim for a compensable occupational disease to be given within six months after the date the employee first acquired knowledge that the disability was, could have been, or resulted from the employment.
19 Del. C. 2361 (two-year period to file a claim)
Provides that in case of personal injury, all claims for compensation are forever barred unless, within two years after the accident, the parties have agreed upon compensation or one or more interested parties have appealed to the Board. In a death case, the two years runs from the death.
Delaware Office of Workers' Compensation, Division of Industrial Affairs
The Delaware Department of Labor's Office of Workers' Compensation administers workers' compensation benefits and provides the electronic filing portal and standardized petitions. The Industrial Accident Board hears and decides disputed claims after a Petition to Determine Compensation Due is filed.
Regional Variances
Delaware workers' compensation claim rules at a glance
Reporting deadline
90 days after the accident to give your employer notice of the injury, under 19 Del. C. 2341. No compensation is due until notice is given or the employer has actual knowledge of the injury.
Claim form
The employer files a First Report of Occupational Injury or Disease with its insurance carrier and the Office of Workers' Compensation. If a dispute arises, the worker files a Petition to Determine Compensation Due.
Filing deadline
Generally two years after the accident to reach a compensation agreement or file a petition with the Industrial Accident Board (19 Del. C. 2361). A compensable occupational disease claim is one year from discovery.
Who administers it
The Office of Workers' Compensation, within the Department of Labor's Division of Industrial Affairs. Disputes are adjudicated by the Industrial Accident Board (IAB).
How disputes are filed
By filing a Petition to Determine Compensation Due with the Industrial Accident Board when the insurer denies, delays, or underpays the claim. This must occur within the two-year period under 19 Del. C. 2361.
Suggested Compliance Checklist
Report the injury to your employer in writing
Within 90 days of the accident days after startingGive your employer notice of the injury within 90 days of the accident (19 Del. C. 2341). No compensation is due until notice is given or your employer has actual knowledge, so do this immediately, in writing, and keep a dated copy.
Confirm your employer files the First Report
Right after you report days after startingYour employer must file a First Report of Occupational Injury or Disease with its insurance carrier and the Office of Workers' Compensation. Ask for a copy and confirm the insurer was notified so the carrier can begin reviewing your claim.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the carrier later disputes benefits or the cause of the injury. Attorney review is available through DocDraft.
Track the insurer's decision and deadlines
While the claim is pending days after startingThe insurance carrier will accept, deny, or dispute your claim. Calendar any deadline the carrier sets for information, keep proof of what you sent, and note the accident date so you can protect the two-year filing window under 19 Del. C. 2361.
File a Petition to Determine Compensation Due if disputed
Within two years of the accident days after startingIf the claim is denied, delayed, or underpaid, file a Petition to Determine Compensation Due with the Industrial Accident Board within two years of the accident (19 Del. C. 2361). File early to protect your rights and preserve your claim.
Prepare for the Industrial Accident Board hearing
After you file the petition days after startingThe Office of Workers' Compensation schedules a pretrial and, if unresolved, a formal hearing before the Industrial Accident Board. Gather medical records, wage records, and witness information to present your evidence. Attorney review of your petition is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer in writing | Give your employer notice of the injury within 90 days of the accident (19 Del. C. 2341). No compensation is due until notice is given or your employer has actual knowledge, so do this immediately, in writing, and keep a dated copy. | - | Within 90 days of the accident |
| Confirm your employer files the First Report | Your employer must file a First Report of Occupational Injury or Disease with its insurance carrier and the Office of Workers' Compensation. Ask for a copy and confirm the insurer was notified so the carrier can begin reviewing your claim. | - | Right after you report |
| Get medical care and keep records | Seek treatment and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the carrier later disputes benefits or the cause of the injury. Attorney review is available through DocDraft. | - | Ongoing after the injury |
| Track the insurer's decision and deadlines | The insurance carrier will accept, deny, or dispute your claim. Calendar any deadline the carrier sets for information, keep proof of what you sent, and note the accident date so you can protect the two-year filing window under 19 Del. C. 2361. | - | While the claim is pending |
| File a Petition to Determine Compensation Due if disputed | If the claim is denied, delayed, or underpaid, file a Petition to Determine Compensation Due with the Industrial Accident Board within two years of the accident (19 Del. C. 2361). File early to protect your rights and preserve your claim. | - | Within two years of the accident |
| Prepare for the Industrial Accident Board hearing | The Office of Workers' Compensation schedules a pretrial and, if unresolved, a formal hearing before the Industrial Accident Board. Gather medical records, wage records, and witness information to present your evidence. Attorney review of your petition is available through DocDraft. | - | After you file the petition |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In Delaware, you open a claim by reporting the injury to your employer, and disputes are decided by the Industrial Accident Board.
Reporting means giving your employer notice of the injury, which you must do within 90 days after the accident (19 Del. C. 2341). Filing the claim is the separate step of pursuing benefits, and if the insurer disputes it you file a petition with the Industrial Accident Board. Reporting comes first.
You have 90 days after the accident to give your employer notice of the injury (19 Del. C. 2341). Under that statute, no compensation is due until notice is given or the employer has actual knowledge of the injury, so report promptly and in writing.
Generally, you have two years after the accident to reach a compensation agreement or file a petition with the Industrial Accident Board (19 Del. C. 2361). In a death case, the two years runs from the date of death. For occupational disease, the period is one year from discovery.
Reporting late can jeopardize your benefits. Under 19 Del. C. 2341, no compensation is due until you give notice or your employer already has actual knowledge of the injury. Late notice can create disputes about whether the injury is work-related, so report as soon as you can and keep proof.
Day to day, your employer's insurance carrier decides whether to accept, deny, or dispute the claim. If you disagree, the Industrial Accident Board resolves the dispute after you file a Petition to Determine Compensation Due. The Office of Workers' Compensation schedules a hearing where both sides present evidence.
No. Delaware workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. In exchange, benefits are set by statute.
If the insurance carrier denies or disputes your claim, file a Petition to Determine Compensation Due with the Industrial Accident Board. You generally must do so within two years after the accident (19 Del. C. 2361). Attorney review of your case is available through DocDraft.
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