Delaware workers' comp claims follow their own agency, forms and clocks. This page covers each, sourced, plus intake questions for Delaware callers. To compare states, see workers' comp deadlines by state.
The Delaware workers' comp system
Delaware disputes are heard by the Industrial Accident Board. Under 19 Del. C. 2349, a Board award is final unless a party appeals to the Superior Court within 30 days after notice of the award is mailed or received.
Deadlines a Delaware worker has to meet
Notice within 90 days
Under 19 Del. C. 2341, unless the employer has actual knowledge, no compensation is due until notice is given to the employer; the statute sets 90 days after the accident for that notice.
Two years, or five after a payment
19 Del. C. 2361 bars a claim unless the parties agree on compensation, or a party petitions the Board, within two years after the accident. If payments were made under an approved agreement or award, the limit is five years from the last payment.
Rules change; the Delaware Office of Workers' Compensation has the current versions.
Delaware intake questions
- When was the accident, and did your employer know about it?
- Has the employer or insurer agreed to pay compensation?
- Have any payments been made? When was the last one?
- Has a petition been filed with the Department of Labor for the Board?
Buying Delaware workers' comp leads
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Frequently asked questions
How long does a Delaware worker have to give notice?
19 Del. C. 2341 sets 90 days after the accident, and no compensation is due until notice is given or the employer has knowledge. Confirm current rules with the Delaware Office of Workers' Compensation.
How long does a Delaware worker have to file a claim?
Under 19 Del. C. 2361, two years after the accident, or five years from the last payment under an approved agreement or award. Confirm current rules with the Delaware Office of Workers' Compensation.
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