Delaware Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Delaware workers' comp attorneys who handle claims before the Delaware Industrial Accident Board (IAB). From chemical and refinery work in New Castle County, to healthcare in Wilmington and Newark, to construction along the I-95 corridor, we'll match you with the right attorney at no cost.

Two years from the date of injury under 19 Del. C. § 2361. Written notice to the employer must be given within 90 days under § 2341.

Delaware gives the worker initial choice of treating physician, subject to the carrier's right to require an IME and Utilization Review of treatment. The IAB resolves disputes.

Delaware caps workers' comp attorney fees at 30% of the award under 19 Del. C. § 2320, subject to IAB approval. Third-party tort claims run on standard 33–40% contingency outside the comp system.

Generally no — exclusive remedy under 19 Del. C. § 2304. The narrow 'true intentional tort' exception requires proof of deliberate intent to injure. Third-party claims against non-employers are not barred.

Medical treatment, temporary total disability at 66 2/3% of average weekly wage, permanent impairment based on AMA Guides ratings, permanent total disability, and death benefits. Delaware also pays partial-disability benefits when the worker returns to lower-paying work.

Long-term chemical exposure at DuPont, refinery, and chemical-plant sites can support occupational-disease claims under 19 Del. C. § 2301. Causation and dose-response documentation are critical.

Delaware recognizes a public-policy wrongful-discharge claim for retaliation against workers who file comp claims. Damages run separate from comp benefits.

Why Do You Need a Workers' Compensation Attorney in Delaware?

Delaware's Workers' Compensation Act (19 Del. C. § 2301 et seq.) is administered by the Industrial Accident Board (IAB). The IAB handles disputes through utilization-review and formal-hearing processes. Delaware's economy concentrates chemical, refining, and healthcare work in New Castle County and shipping/agriculture in Sussex County. Worker doctor choice is generally preserved, but causation rules under 19 Del. C. § 2304 require proof the injury arose out of and in the course of employment. Attorney fees are governed by 19 Del. C. § 2320 and subject to IAB approval, generally capped at 30%. An experienced attorney protects medical access, secures the right impairment rating, and preserves third-party claims that run outside the comp cap.

When Do You Need a Workers' Compensation Attorney in Delaware?

Our network includes Delaware workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in Delaware

From the moment you connect with a Delaware workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 90-day written-notice requirement under § 2341

Going to a non-authorized doctor where the carrier has a designated network

Accepting an IME-driven impairment rating without a second opinion

Settling before reaching MMI and addressing future medical needs

Ignoring a third-party claim against contractors, drivers, or equipment makers

Failing to document occupational-disease causation with exposure history

Missing the 90-day written-notice requirement under § 2341

Going to a non-authorized doctor where the carrier has a designated network

Accepting an IME-driven impairment rating without a second opinion

Settling before reaching MMI and addressing future medical needs

Ignoring a third-party claim against contractors, drivers, or equipment makers

Failing to document occupational-disease causation with exposure history

Common Delaware Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Delaware Workers' Compensation Attorneys Cost?

30%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Delaware caps workers' comp attorney fees at 30% of the award under 19 Del. C. § 2320, subject to Industrial Accident Board approval. Third-party tort claims (motor-vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your Delaware Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under 19 Del. C. § 2322, including future medical when needed for the injury.

Temporary Total Disability (TTD)

66 2/3% of average weekly wage under 19 Del. C. § 2324, capped at the state maximum.

Permanent Impairment

Lump-sum based on AMA Guides whole-person impairment under 19 Del. C. § 2326.

Permanent Total Disability (PTD)

66 2/3% of AWW for life when the worker can't return to gainful employment under § 2324.

Death Benefits

Weekly benefits to surviving spouse and dependents under 19 Del. C. § 2330, plus burial expenses.

Disfigurement Awards

Separate award for visible disfigurement under 19 Del. C. § 2326(f) — Delaware is one of the more generous states on disfigurement.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Delaware Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in Delaware?

When Do You Need a Workers' Compensation Attorney in Delaware?

Types of Workers' Compensation Cases in Delaware

Common Delaware Workers' Compensation Mistakes

How Much Do Delaware Workers' Compensation Attorneys Cost?

What Can Your Delaware Workers' Compensation Compensation Include?

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