Delaware Workers' Compensation

Your Guide to Workers' Comp Insurance in Delaware

Find the right workers comp' insurance policy for you.

Delaware Workers Compensation Insurance

In recent years, Delaware has paid out $211.31 million in workers' comp claims. Work-related injuries happen every day, from trips and falls to life-altering injuries, but having the right workers' comp coverage can help protect your business. For help navigating workers comp insurance coverage, find a local independent agent.

Workers' Compensation Coverages/Non-Coverages in Delaware

Employees need help paying for medical bills when they get injured on the job. Workers’ compensation insurance is designed to protect employees from the costs of workplace injuries, and protect employers from lawsuits and other unpredictable costs.

Here's a closer look at what workers' compensation covers and does not cover in the state of Delaware.

Workers' comp covers the following:

  • Traumatic injuries
  • Repetitive-type injuries
  • Certain mental injuries
  • Occupational diseases

Real-life example of coverage:

A Delaware food delivery driver gets into a car accident while out on a job. The worker gets taken to the hospital to be treated for minor injuries. A workers' comp policy would help pay for any related medical treatments and other costs.

Workers' comp does not cover:

  • Employee illnesses or injuries sustained outside of work
  • Accidents that occur while an employee is intoxicated
  • Intentional employee injuries to themselves at the workplace
Workers' Compensation Coverage Covered Not Covered
Traumatic injuries
Covered by Worker's Compensation
Repetitive-type injuries
Covered by Worker's Compensation
Certain mental injuries
Covered by Worker's Compensation
Occupational diseases
Covered by Worker's Compensation
Employee illnesses or injuries sustained outside of work
Not covered by Worker's Compensation
Accidents that occur while an employee is intoxicated
Not covered by Worker's Compensation
Intentional employee injuries to themselves at the workplace
Not covered by Worker's Compensation

An independent insurance agent can further explain what workers' compensation insurance both covers and excludes in Delaware.

Why Do You Need Workers Compensation Insurance in Delaware?

Workers' comp insurance is a necessity for most businesses for several reasons. For starters, it's actually required by law in most states, if your business has employees. Workers' comp also provides critical protection for your business against financial losses.

For most states, workers' comp is required immediately upon hiring a new employee. You'll want to be equipped with coverage before any of your workers get injured or ill on the job so that your business won't be held financially liable. Coverage doesn't kick in for workplace incidents until after you purchase a policy.

What Consequences Could You Face if You Don’t Have Workers’ Compensation in Delaware?

If your business doesn't carry workers' comp to protect your team, you could end up facing legal consequences like fines or jail time. Though some businesses think of workers' comp as optional or unnecessary due to the nature of their operations, coverage can provide important financial protection in case of an incident.

Workers' comp is mandatory in most states, including Delaware, if your business has one or more employees. Businesses in Delaware without the right workers' comp insurance can be subject to fines triple the amount they should have paid in coverage premiums for one year. 

Delaware Workers’ Compensation Laws

The Delaware Legislature created the state workers’ compensation system in order to provide benefits to workers who get injured or contract an illness while on the job. Employers are prohibited from charging employees for any portion of the premium or expense of carrying workers’ comp. 

Employees must meet certain entitlement requirements in order to receive benefits. Delaware’s workers’ compensation laws are established and administered by the Delaware Department of Labor, Division of Industrial Affairs Office of Workers’ Compensation. 

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How Much Does Delaware Workers’ Compensation Insurance Cost? 

Workers’ compensation insurance always costs more for industries and occupations that are presumed to have a higher risk of occupational injuries or illnesses. Cost is determined by how many employees you have, the types of jobs they perform, and your history of accidents and workers’ comp claims. 

In Delaware, the National Council for Compensation Insurance (NCCI) assigns classification codes for each occupation. Each class code is given a recommended base rate for workers’ comp. For the premium, an employer’s annual payroll at the start of the policy period is divided by 100 and then multiplied by the base rate. 

Consider the following example:

  • Classification Code 461: Machine Shop
  • Base Rate: $5.16
  • Employer payroll (example): $100,000
  • Premium calculation: $5.16 per $100 of employer payroll (or 5.16% of payroll)
  • Estimated annual premium for sample machine shop: $5,160.00 

Most employers have employees in more than one classification. All applicable classifications and related premiums will be combined to determine the annual Delaware workers’ compensation insurance premium. Premiums are approved and regulated by the Delaware Workers’ Compensation Division and must remain within NCCI guidelines.

Delaware Workers’ Compensation Base Rate Examples

The Delaware Office of Workers’ Compensation assigns base rates for each employer class code in the state. Each class code is assigned a low rate and a high rate. Insurance companies can offer certain discounts and credits to eligible policies.

Here are some recent sample base rates (rate per $100 of employer payroll):

  • 012 Landscaping: $5.29
  • 663 Plumbing: $6.22
  • 652 Carpentry Non-residential: $10.34
  • 928 Retail Store: $3.09
  • 953 Clerical: $0.24
  • 975 Restaurant: $1.93

Workers' Comp Cost Per Employee in Delaware

The cost of workers' comp coverage per employee increases with higher company payrolls, as these businesses cost more to insure. Check out a breakdown of how workers' comp costs vary by payroll range in each specific industry below.

Annual Workers' Comp Cost Per Employee

Industry Lower Cost Medium Cost Upper Cost
Construction $1,800 $3,450 $13,201
Finance and Insurance $593 $1,070 $3,918
Hotels / Motels $435 $977 $4,127
Manufacturing and Food Production $770 $1,463 $5,561
Professional and Technical Services $557 $1,102 $4,309
Real Estate $100 $199 $781
Restaurants and Taverns $177 $394 $1,656
Retail Trade $340 $651 $2,493
Transportation and Warehousing $1,326 $2,612 $10,181

Businesses that have a greater track-record of safety and fewer accidents pay less for their coverage. Insurance companies have complex formulas to reset your rates after an accident, likely leading to a noticeable spike in your premiums.

Best Workers' Comp Companies in Delaware

Workers' comp is available from many different insurance companies in Delaware. Here are just a few of our top picks for quality workers' comp insurance carriers.

Top Workers' Compensation Insurance Companies Star Rating
5 star rating
Liberty Mutual
4.5/5 star rating
Builders & Tradesmen's Insurance
4.5/5 star rating
5 star rating
5 star rating

An independent insurance agent can help you look into these workers' comp insurance companies and get matched to the carrier who best meets your needs at the most affordable rate.

Top 6 Most Common Workers' Comp Claims/Injuries

Top 6 Most Common Workers Comp Claims
  1. Lacerations: In other words, deep cuts. These can happen in any industry, but are especially common in the restaurant and manufacturing fields. 
  2. Sprains/strains: Again, these injuries can happen in any industry, but are especially common in job settings where lots of twisting and turning is required.
  3. Contusions: In other words, bruises and other marks on the skin caused by impact. Contusions often happen from dropped objects, improper lifting, or colliding with an object.
  4. Burns: Burns can happen in any industry that has a heat source, including restaurants, construction businesses, bakeries, and more.
  5. Eye injuries: Eye injuries are most frequent in industries that require chemicals, including manufacturing, painting, and construction.
  6. Fractures: Fractures can happen to employees anywhere, but are especially common in industries that require a lot of movement and the use of heavy machinery.

Why Are Independent Insurance Agents Awesome?

It’s simple. Independent insurance agents simplify the process by shopping and comparing insurance quotes for you. Not only that, but they’ll also cut the jargon and clarify the fine print, so you know exactly what you’re getting.

There’s no business too small for our independent insurance agents. They have access to multiple insurance companies, ultimately finding you the best workers' comp coverage and competitive pricing while working for you.

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