Delaware Workers' Comp Benefits Calculator 2026
Injured at work in Delaware? You may be entitled to workers' compensation benefits. Delaware pays 66.7% of your average weekly wage as a weekly benefit, up to a maximum of $748/week. Use our free calculator below to estimate your weekly workers' comp benefit in 60 seconds — no email required.
Delaware workers' comp covers 66.67% of your average weekly wage. Employers with 1+ employees must carry insurance.
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Optional — helps calculate your waiting period start date.
Your gross wages for the 13 weeks before injury, divided by 13. Include overtime, bonuses, and tips if they were regular.
Delaware Workers' Comp Key Facts — 2026
| Maximum Weekly Benefit | $748/week |
| Minimum Weekly Benefit | $250/week |
| Benefit Rate | 66.7% of AWW |
| Waiting Period | 3 days |
| Retroactive After | 14 days |
| Filing Deadline | 730 days from injury |
| Max Duration (TTD) | 104 weeks |
| State Average Weekly Wage | $1,070/week |
| WC Board Phone | 1-302-761-8200 |
Source: Delaware Workers' Compensation Board. Rates effective 2026.
Workers' Compensation in Delaware: Key Numbers for 2026
State Avg Weekly Wage
$1,070
Max Weekly Benefit
$748
Benefit Rate
66.7%
Max Duration
104w
Common Workplace Injuries in Delaware — Average Compensation
Based on Delaware's average weekly wage of $1,070 and the state's 66.7% benefit rate, here are estimated compensation ranges for the most common workplace injuries:
| Injury Type | Avg Medical Cost | Avg Lost Wages | Typical Total |
|---|---|---|---|
| Back / Spine Injury | $14,785 | $21,401 | $36,186 |
| Shoulder Injury | $12,062 | $15,694 | $27,756 |
| Knee Injury | $10,505 | $12,841 | $23,346 |
| Neck / Whiplash | $8,949 | $11,414 | $20,363 |
| Carpal Tunnel / Wrist | $5,447 | $7,847 | $13,294 |
| Fracture (Arm/Leg) | $7,198 | $9,987 | $17,185 |
| Head / Concussion | $13,424 | $17,121 | $30,545 |
Estimates based on Delaware 2026 workers' comp benefit rate (66.7% of AWW, capped at $748/week) and NCCI injury cost data. Actual compensation varies based on injury severity, impairment rating, and medical documentation.
How Much is Workers' Comp in Delaware?
In Delaware, workers' comp pays 66.7% of your average weekly wage, up to a maximum of $748/week. The minimum weekly benefit is $250/week.Delaware has a 3-day waiting period before benefits begin, and TTD benefits can last up to 104 weeks.
Delaware Workers' Compensation Rates 2026
Workers' comp insurance rates in Delaware vary by industry and job classification. Here are estimated rates per $100 of payroll:
| Job Category | Rate per $100 Payroll |
|---|---|
| Office / Clerical | $0.25 |
| Restaurant / Food Service | $1.50 |
| Healthcare / Nursing | $1.75 |
| Manufacturing | $2.50 |
| Trucking / Delivery | $4.50 |
| Construction (General) | $6.50 |
| Roofing | $12.00 |
Rates are estimates and vary by insurer, experience modifier, and specific classification code. Contact your insurance carrier for exact quotes.
How Much Does Workers Comp Cost Employers in Delaware?
The cost of workers compensation insurance in Delaware depends on three factors: your industry class code, your total annual payroll, and your experience modification rate. Here's what typical Delaware businesses pay annually for $100,000 in payroll:
| Industry | Annual Cost per $100K Payroll |
|---|---|
| Office / Clerical | $340 |
| Retail / Sales | $830 |
| Restaurant / Food Service | $1,460 |
| Healthcare | $1,700 |
| Manufacturing | $2,720 |
| Warehouse / Logistics | $3,750 |
| Construction (General) | $5,350 |
| Roofing (Highest Class) | $12,160 |
*Per-employee estimate based on Delaware's average weekly wage of $1,070. Your actual cost varies by carrier, experience modifier, and specific class code.
Need an exact quote? Our workers comp insurance cost calculator estimates your premium based on state, industry, payroll, employee count, and experience modifier.
How Workers' Comp Benefits Are Calculated in Delaware
In Delaware, workers' comp benefits are 66.67% of your average weekly wage. The maximum weekly benefit is $748 and the minimum is $250. If you earn $1,200 per week, your calculated benefit would be $1,200 x 66.67% = $800. However, since Delaware caps benefits at $748, you would receive $748 per week.
Delaware has a 3-day waiting period before benefits start. If your disability lasts more than 14 days, you will be paid retroactively for those first 3 days. Temporary total disability benefits can continue for up to 104 weeks.
The maximum benefit in Delaware is set at about 66.67% of the statewide average weekly wage ($1,070). Workers' comp benefits in Delaware are tax-free, so your $748 weekly check is take-home pay.
Delaware Workers' Comp Laws You Must Know
- •All employers in Delaware with 1 or more employees must carry workers' comp insurance.
- •Delaware has a 2-year statute of limitations for filing workers' comp claims.
- •In Delaware, the employer selects the initial treating physician for the first 90 days.
- •The maximum weekly benefit in Delaware is $748, based on 66.67% of the statewide average weekly wage.
- •Delaware provides permanent partial disability benefits based on scheduled body part values.
- •Employers cannot discriminate against employees who file workers' comp claims in Delaware.
- •Delaware requires a utilization review process for medical treatment decisions.
How to File a Workers' Comp Claim in Delaware
- 1Report your injury to your employer as soon as possible. Delaware does not have a specific reporting deadline, but quick reporting protects your rights.
- 2See the doctor chosen by your employer or their insurance company. In Delaware, the employer directs medical care for the first 90 days.
- 3Your employer must report the injury to their insurance carrier and the Delaware Office of Workers' Compensation.
- 4The insurer will accept or deny your claim. If accepted, benefits begin after the 3-day waiting period.
- 5If denied, you can file a petition with the Delaware Industrial Accident Board. Contact them at 1-302-761-8200.
Need help filing? Visit the Delaware Workers' Comp Board or call 1-302-761-8200 for assistance.
Special Rules in Delaware
- ⚠All employers with 1+ employee must have coverage
- ⚠2-year statute of limitations
- ⚠Employer selects initial treating physician
- ⚠Maximum 66.67% of SAWW for benefit cap
Average Workers' Comp Settlement in Delaware
Settlement amounts in Delaware vary widely based on injury severity, disability rating, and medical costs. Workers with minor sprains typically settle for $10,000–$30,000, while those with herniated discs or surgical injuries can receive $50,000–$200,000 or more. Use our settlement calculator to estimate your specific case.
Related Resources
Settlement Calculator
Estimate your workers' comp settlement amount
Average Settlement Amounts
See average settlements by injury type and state
How Benefits Are Calculated
Step-by-step formula with examples
Claim Denied?
What to do if your workers' comp is denied
Last updated: April 2026. Data sourced from the Delaware Workers' Compensation Board.
Find a Workers' Comp Attorney in Delaware
Need Legal Help With Your Delaware Claim?
If your claim was denied, your employer is disputing your injury, or you need help negotiating a fair settlement, a workers' comp attorney can help. Most offer free consultations and work on contingency — you pay nothing unless you win.
External link to Avvo attorney directory. WorkCompCalc does not endorse or recommend specific attorneys. Always research and interview attorneys before hiring.
Delaware Workers' Comp FAQ
Delaware workers' comp covers 66.67% of your average weekly wage. Employers with 1+ employees must carry insurance.
Workers' Comp in Nearby States
Legal Disclaimer
This calculator provides estimates only and is not legal advice. Workers' compensation laws and benefit amounts in Delaware change frequently. Consult a licensed workers' compensation attorney in Delaware for advice about your specific situation. Actual benefits depend on your employer's insurance carrier, the nature of your injury, and state law. Data sourced from the Delaware Workers' Compensation Board. Last updated: January 2026.
Medical disclaimer: Information on this page is for educational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.