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State Guide · Delaware

Delaware workers' compensation — your doctor, their certification, one Board.

Delaware keeps it simple: you choose your own doctor — and if that doctor is certified under the state's workers' comp system, treatment is presumed reasonable and bills flow without preauthorization fights. Disputes go to one place, the Industrial Accident Board, on a two-year clock.

Reviewed August 2026 10 min read Educational information — not legal advice

How the Delaware system works

Nearly all Delaware employers must carry coverage, administered by the state's Office of Workers' Compensation with disputes decided by the Industrial Accident Board (IAB) — a panel system with hearing officers for smaller issues. Delaware's certified-provider design cuts the paperwork war most states fight: certified doctors treat first and bill later, with utilization review as the backstop instead of preauthorization as the gate.

Every deadline that matters

WhatDeadlineWhy it matters
Notice to your employerAs soon as possibleNo comfortable grace period — written, same-day notice is the standard.
File a petition with the IAB2 years from the injury (or from the last payment, when benefits were paid)Voluntary payments create agreements that carry their own protections — but disputed or unpaid claims live on the two-year clock.
Occupational diseaseDiscovery-basedFrom when you knew or should have known of the work-connection.

Your doctor — certified means covered

The certification shortcut

Delaware lets you treat with any provider — but choosing one certified under the workers' comp health care system changes the mechanics: certified-provider treatment within the state's practice guidelines is presumed compensable, no preauthorization required. Treat with a non-certified provider and the insurer's leverage grows. The move: ask any prospective doctor one question — "are you certified for Delaware workers' comp?" — and prefer yes.

The benefits

BenefitWhat it pays
Medical careAll reasonable treatment — streamlined through certified providers.
Temporary Total (TTD)Two-thirds of your average weekly wage within state caps.
Partial disabilityA share of the earnings gap on light duty — up to 300 weeks.
Permanent impairment & disfigurementScheduled awards by body part and rating, plus separate disfigurement awards the IAB assesses — frequently forgotten money.
Death benefitsSurvivor percentages plus burial expenses.

How Delaware disputes get resolved

  1. 1

    Petition to the IAB

    Simple forms protect the deadline and set the issues.

  2. 2

    Hearing

    The Board (or a hearing officer) takes evidence and issues a written decision — Delaware's small size keeps dockets comparatively fast.

  3. 3

    Appeals

    To Superior Court on the record. Settlements (commutations) need Board approval.

Free official help

  • Delaware Office of Workers' Compensation — forms, certified-provider information, and claim questions: labor.delaware.gov (302-761-8200).
When a lawyer makes sense in Delaware

Denied claims, partial-disability duration fights, impairment and disfigurement valuations, and all commutations. Fees are Board-approved; consultations typically free.

Delaware FAQ

You don't have to — but certified providers get the presumption of compensability and skip preauthorization, which means fewer treatment delays and fewer fights. If your current doctor won't certify, a certified specialist via referral often gets you both continuity and the shortcut.
Separate compensation the IAB can award for visible permanent scarring — surgical scars included — typically assessed by viewing after healing completes. It's routinely forgotten at settlement time; photograph scars and raise the award before signing anything final.
Delaware workers' compensation has generally covered injured workers regardless of status. Report in writing, prefer certified providers, and get case-specific guidance free.
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