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June 9, 2025
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Delaware workers' compensation insurance: Your guide to requirements and getting a policy
If you’re a Delaware employer looking to protect both your business and your team, you’re in the right place. At Beyond, we provide the essential information you need to understand how workers’ compensation works and how to stay compliant.
Workers’ compensation insurance offers vital protection for both employers and employees in Delaware. For employees, it covers medical expenses, lost wages, and rehabilitation when work-related injuries or illnesses occur. For employers, it typically limits liability and protects against lawsuits arising from those workplace incidents.
In Delaware, any business with one or more employees is legally required to carry workers’ compensation insurance. This no-fault insurance provides benefits to employees regardless of who caused the accident.
Certain workers—such as farm laborers—are exempt from this mandate. Employers may still choose to offer coverage voluntarily. Likewise, independent contractors are not covered under a company’s policy.
Business owners themselves are generally not required to be covered unless they are sole proprietors or part of a partnership. Still, depending on job risk and coverage needs, some owners opt in for protection.
Delaware employers can secure workers’ compensation coverage through private insurance carriers. If coverage is denied by at least two licensed insurers, employers may purchase a policy through the Delaware Workers’ Compensation Insurance Plan (DIP).
Employers must also comply with incident reporting requirements. If an employee suffers an injury or illness on the job:
Maintain an internal record of the incident
Submit a First Report of Occupational Injury or Disease within 10 days to the Office of Workers’ Compensation and your insurance carrier
Failure to file this report may result in fines ranging from $100 to $250.
Delaware takes noncompliance seriously. Under Title 19, employers who fail to maintain coverage may be fined three times the amount of the annual premium they should have paid. Additionally, employers may be held personally responsible for all costs associated with an injured employee’s medical bills and lost wages.
Beyond helps Delaware businesses stay compliant by offering streamlined payroll and HR tools that align with state requirements. If you’re unsure about how to stay compliant with workers’ comp regulations or how to integrate coverage into your HR processes, Beyond is here to guide you.
