Is workers comp required in Delaware?
Delaware generally requires employers with one or more employees to carry workers compensation. Owners, partners and corporate officers are treated under their own rules, and some workers such as certain agricultural or domestic employees may be handled differently.
Buying coverage in Delaware
Coverage in Delaware is sold by private insurers. Every state also has a market of last resort, so even higher-risk or brand-new businesses can generally find a policy.
Who sets the rules
The Delaware Office of Workers' Compensation oversees workers comp in Delaware. Classifications and loss costs in Delaware come from the Delaware Compensation Rating Bureau (DCRB), an independent rating organization, so codes and rules can differ from NCCI states.
What Delaware employers should know
- Delaware has its own rating bureau, so classifications and rating rules can differ from neighboring NCCI states.
- Delaware's workplace safety programs can affect premium for eligible employers; ask the agent whether your policy qualifies.
How premiums are calculated
Your Delaware premium starts with payroll in each job classification. Experience mods, schedule credits and minimum premiums then adjust it, and the year-end audit settles the difference between estimated and actual payroll. Learn more about how workers comp rates work and preparing for an audit.
Industry guides for Delaware employers
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Restaurant workers comp
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Retail workers comp
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Small business workers comp
Workers comp for small businesses: when it is required, how premium works, pay-as-you-go billing…
Delaware workers comp FAQ
Is workers comp required in Delaware?
Delaware generally requires employers with one or more employees to carry workers compensation. Rules and exceptions change, so confirm your situation with the state agency or an agent.
Who oversees workers comp in Delaware?
The Delaware Office of Workers' Compensation administers the workers compensation system in Delaware.
Can I buy Delaware workers comp from a private insurer?
Yes. Private insurers write workers comp in Delaware, and a market of last resort is available for businesses that are hard to place.
How is workers comp priced in Delaware?
Classifications and loss costs in Delaware come from the Delaware Compensation Rating Bureau (DCRB), an independent rating organization, so codes and rules can differ from NCCI states. Your Delaware premium starts with payroll in each job classification. Experience mods, schedule credits and minimum premiums then adjust it, and the year-end audit settles the difference between estimated and actual payroll.