Filing a workers’ comp claim in Delaware.
Administered by the Delaware Office of Workers' Compensation. Primary form: Form 1 — Petition to Determine Compensation Due.
The Notice of Claim letter
Our workers’ comp wizard produces a dated, written Notice of Claim letter once its rules are reviewed by a licensed attorney.
Open Notice of Claim wizardDelaware State Board
- Agency
- Delaware Office of Workers' Compensation
- Primary claim form
- Form 1 — Petition to Determine Compensation Due
- Official website
- https://dia.delawareworks.com/workers-compensation/
Deadlines at a glance
Promptly; within 90 days recommended
Report to your employer first. Put it in writing — email, text, or signed letter. Missing this window can reduce or eliminate benefits.
2 years from date of injury or last benefit
File Form 1 — Petition to Determine Compensation Due with the Delaware Office of Workers' Compensation before this window closes.
3 days, retroactive after 7 days
Medical benefits typically begin immediately. The waiting period applies to wage-replacement (TTD/TPD) benefits only.
Federal programs that may apply
The Delaware program covers most private-sector workers. Three federal programs run in parallel for specific worker categories:
- FECA — Federal Employees’ Compensation Act. Covers civilian federal employees. Filed through the US DOL, Office of Workers’ Compensation Programs.
- LHWCA — Longshore and Harbor Workers’ Compensation Act. Covers maritime workers (longshoremen, shipbuilders, harbor workers) on navigable US waters.
- Jones Act — 46 U.S.C. § 30104. Covers seamen injured in the course of employment. Provides a negligence cause of action and maintenance and cure rights outside the state WC system.
Need help with more than the notice letter?
Disputed claims, denial appeals, permanent disability ratings, and third-party tort claims alongside workers’ comp require sustained documentation. A free account keeps your case and its deadlines in one place.