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Simplifying the Work of Workers' Compensation



Delaware Workers' Compensation Information

  • Home
  • States
  • Workers' Compensation Information


  • State Telephone Numbers
  • State Forms
  • State Rules & Statutes

Please Note: for Claims assistance or questions about coverage and exemptions You will need to call one of the numbers listed below.

Also be aware that the Workers' Compensation Assistance Offices in different states may go by different names such as "Industrial Accidents".
These are the only numbers that we are aware of and have available for Delaware Workers' Compensation.


Delaware Workers' Compensation Telephone Directory


Office of Workers' Compensation - Wilmington: 302-761-8200

Workers' Compensation - Dover - Hearing Location: 302-422-1392

Office of Workers Comp - Dover: 302-422-1392

Division of Vocational Rehabilitation - Wilmington Office: 302-761-8275

Division of Vocational Rehabilitation - Middletown Office: 302-696-3180

Division of Vocational Rehabilitation - Newark Office: 302-368-6980

Division of Vocational Rehabilitation - Dover Office: 302-739-5478

Division of Vocational Rehabilitation - Georgetown Office: 302-856-5730

Fraud: 800-632-5154

Office of Workers' Compensation - Georgetown: 302-858-5220

Division of Industrial Affairs: 302-422-1134

Division of Employment & Training - Wilmington: 302-761-8085

Division of Employment & Training - Newark: 302-368-6622

Office of Administration - Wilmington: 302-761-8001

Disability Determination Services - New Castle: 302-324-7600

Division of Employment & Training - Dover: 302-739-5473

Division of Industrial Affairs - Dover: 302-422-1134

Division of Employment & Training - Georgetown: 302-856-5230

Request for Copy of Document: 302-761-8200

Department of Insurance Commissioner Trinidad Navarro: 302-674-7305

OSHA Wilmington Area Ofc.. (US DOL OSHA covers private sector employees in DE): 302-573-6518

Forms & Publications


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Some "Revision Dates" may be displayed as part of the Description.

(OWC first report form) First Report of Occupational Injury or Disease 12/11
(agree) Agreement as to Compensation Paid 6/13
(agreement-death) Agreement for Compensation for Death N/D
(commutation) Petition For Commutation 12/11
(additional) Petition to Determine Additional Compensation Due to Injured Employee 12/11
(petition to appeal UR) Petition to Determine Additional Compensation Due to Injured Employee - Appeal a Utilization Review (UR) Determination 12/11
(dcd) Petition to Determine Compensation Due to Injured Employee 5/12
(dcd deceased) Petition to Determine Compensation to Dependents of Deceased Employee 12/11
(disfig) Petition to Determine Disfigurement 12/11
(eligibility) State Of Delaware Workers Compensation Fund Eligibility Certification Form N/D
(review) Petition for Review 12/11
(receipt) Receipt of Compensation Paid 12/97
(CopyRequestForm) Public Document Copy Request Form N/D
(certification) Health Care Provider Application for Certification 2015
(modified duty) Employer's Modified Duty Availability Report 10/13
(health care provider) Physician's Report of Workers' Compensation Injury 3/11
(request u r) Request for Utilization Review 7/15
(justification) Justification for Use of Non-Preferred Medication 10/13
(formulary) DELAWARE MEDICAL ASSISTANCE PROGRAM (DMAP) PREFERRED DRUG LIST (PDL) 5/22
(covid19screen) State of Delaware Department of Labor – IAB Hearings Coronavirus Screening 7/20
  • Delaware Rules
  • Delaware Statutes

State of Delaware Industrial Accident Board Rules


  • Rule No. 1.0 Address of the Board: Office Hours

  • Rule No. 2.0 Sessions

  • Rule No. 3.0 Filing of Papers

  • Rule No. 4.0 Repealed

  • Rule No. 5.0 Forms Provided By the Department

  • Rule No. 6.0 Formal Pleadings Not Required

  • Rule No. 7.0 Mediation

  • Rule No. 8.0 Motions Concerning Legal Issues

  • Rule No. 9.0 Pre-Trial Scheduling Conference and Pre-Trial Memorandum

  • Rule No. 10.0 Depositions Upon Oral Examination

  • Rule No. 11.0 Request for the Production and Inspection of Documents And Other Evidence; Healthcare Authorizations And Copying or Photocopying

  • Rule No. 12.0 Continuances

  • Rule No. 13.0 Opening Statements and Closing Statements

  • Rule No. 14.0 Evidence

  • Rule No. 15.0 Leading Questions

  • Rule No. 16.0 Attorneys

  • Rule No. 17.0 Exhibits

  • Rule No. 18.0 Copies Of Evidence Available To Applicants

  • Rule No. 19.0 Filing Of Agreements After Awards

  • Rule No. 20.0 Time for Payment in Uncontested Awards

  • Rule No. 21.0 Post Hearing Motions

  • Rule No. 22.0 Commutation of Compensation

  • Rule No. 23.0 Attorney's Fees

  • Rule No. 24.0 Reimbursement From The Workers' Compensation Fund

  • Rule No. 25.0 Expedited Hearings Pursuant to 19 Del.C. 2348(g)

  • Rule No. 26.0 Additional Issues

  • Rule No. 27.0 Form of Orders

  • Rule No. 28.0 Time

  • Rule No. 29.0 Legal Hearings/Motions Day

  • Rule No. 30.0 Interpreters

  • Rule No. 31.0 Timely Notification of Settlement
  • Title 19 Labor 1340 Office of Workers' Compensation


  • 1.0 Purpose and Scope

  • 2.0 Definitions

  • 3.0 Health Care Provider Certification

  • 4.0 Workers' Compensation Health Care Payment Rates for Physicians,

  • 4.1 Format of the Fee Schedule

  • 4.6 Hospital Outpatient and Ambulatory Surgical Treatment Methodology

  • 4.19.2 Payment Modifiers for E/M Category

  • 4.20 Anesthesia

  • Appendix G from the American Medical Association's 2009 CPT Codes

  • 4.21 Surgery

  • 4.22 Hospital Outpatient and Ambulatory Surgery Centers

  • 4.23 Multiple Procedures

  • 4.24 Repair of Wounds

  • 4.25 Musculoskeletal System

  • 4.26 Radiology

  • 4.27 Laboratory and Pathology

  • 4.28 Physical Medicine

  • 4.29 Durable Medical Equipment and Supplies

  • 5.0 Utilization Review

  • Appemdix A

  • 6.0 Forms
  • Title 18 Part I Insurance

    Chapter 4 Workmens Compensation Self-insurance Groups


  • 401 Scope.

  • 402 Definitions.

  • 403 Authority to act as a workmens compensation self-insurance group.

  • 404 Qualifications for initial approval and continued authority to act as a workmens compensation self-insurance group.

  • 405 Certificate of authority; termination.

  • 406 Examinations.

  • 407 Board of trustees, membership, powers, duties, and prohibitions.

  • 408 Group membership, termination; liability.

  • 409 Service companies.

  • 410 Licensing of agent.

  • 411 Financial statements and other reports.

  • 412 Taxes.

  • 413 Fees and assessments.

  • 414 Misrepresentation prohibited.

  • 415 Investments.

  • 416 Rates and reporting of rates.

  • 417 Refunds.

  • 418 Premium payment; reserves.

  • 419 Deficits and insolvencies.

  • 420 Guaranty mechanism.

  • 421 Monetary penalties.

  • 422 Cease and desist orders.

  • 423 Revocation of certificate of authority.

  • 424 Notice and hearings.

  • 425 Rules and regulations.
  • Chapter 5 Authorization Of Insurers And General Requirements.


  • 501 "Stock insurer" defined.

  • 502 "Mutual" insurer defined.

  • 503 "Reciprocal" insurer defined.

  • 504 "Charter" defined.

  • 505 Certificate of authority required.

  • 506 Exceptions to certificate of authority requirement.

  • 507 General eligibility for certificate of authority.

  • 508 Ownership; management.

  • 509 Name of insurer.

  • 510 Combinations of insuring powers.

  • 511 Capital funds required.

  • 512 Insuring combinations without additional capital funds.

  • 513 Deposit requirements - In general.

  • 514 Deposit requirements - Alien insurers.

  • 515 Application for certificate of authority.

  • 516 Issuance, refusal of authority; ownership of certificate.

  • 517 Authority conferred; surety insurers; certificate as evidence.

  • 518 Continuance, expiration, reinstatement of certificate of authority.

  • 519 Suspension or revocation of certificate of authority - Mandatory grounds.

  • 520 Suspension or revocation of certificate of authority - Discretionary and special grounds.

  • 521 Order and notice of suspension, revocation; effect upon agents' authority.

  • 522 Duration of suspension; insurer's obligations during suspension period; reinstatement.

  • 523 General corporation laws inapplicable to foreign insurers.

  • 524 Commissioner as process agent for certain insurers.

  • 525 Serving process.

  • 526 Annual statement.

  • 526A Supplement to annual statement.

  • 527 , 528. Resident agent, countersignature law; exceptions to resident agent, countersignature law. [Repealed]

  • 529 Cancellation of insurance agency contracts; arbitration.

  • 530 Emergency requirements.

  • 531 Emergency powers to regulate liability insurance cancellations and nonrenewals.

  • 532 Retaliatory provision.

  • 533 Immunity from liability for reporting fraudulent practices. [Repealed]

  • 534 Location of headquarters.

  • 535 Nondisclosure of nonpublic personal information; adoption of regulations.

  • 536 "Funding agreement" defined.
  • Chapter 26 Workers' Compensation Rating


  • 2601 Scope of chapter.

  • 2602 Definitions.

  • 2603 Competitive market; hearing.

  • 2604 Rate-making standards.

  • 2605 Review by Commissioners.

  • 2606 Rules not to affect dividends.

  • 2607. Membership in advisory organization.

  • 2608 Interchange of rating plan data; consultation; cooperative action in rate making.

  • 2609. Rate filings.

  • 2610 Review of insurance filings.

  • 2611 Improper rates; hearing.

  • 2612 Restrictions on certain insurers; waiting period.

  • 2613 Delay of rates in noncompetitive market.

  • 2614 Challenge and review of application of rating system.

  • 2615 Consent to rate.

  • 2616 Acts reducing competition prohibited.

  • 2617 Advisory organization: permitted activity.

  • 2618 Residual market mechanisms.

  • 2619 Penalties.

  • 2620 Appeals from Commissioner.

  • 2621 Transition.

  • 2622 Effective date.
  • Title 19 Part II Chapter 21 Industrial Accident Board (2102 - 2127) [Repealed]


  • Subchapter I. General Provisions (2101 - 2109) [Repealed]

  • Subchapter II. Powers and Duties; Hearings (2121 - 2127) [Repealed]
  • Title 19 Part II Chapter 23 Workers' Compensation (2301 - 2397)

    Subchapter I. General Provisions (2301 - 2320)


  • 2301. Definitions.

  • 2301A. Industrial Accident Board.

  • 2301B. Hearing Officers.

  • 2301C. Workers' Compensation Specialist.

  • 2301D. Annual Review of Industrial Accident Board Case Management.

  • 2301E. Data Collection Committee. [Repealed]

  • 2302. Wages; definition and computation; valuation of board and

  • 2303. Territorial application of chapter.

  • 2304. Compensation as exclusive remedy.

  • 2305. Exemption from liability prohibited; exception.

  • 2306. Applicability - Employers.

  • 2307. Same - Domestic servants and farm laborers.

  • 2308. Applicability -- Executive officers; sole proprietors and partners.

  • 2309. Same - State, counties and political subdivisions.

  • 2310. Applicability to persons engaged in interstate or foreign commerce.

  • 2311. Contractors, subcontractors, independent contractors and lessees of motor vehicles transporting passengers for hire as employers.

  • 2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation.

  • 2313. Record and report of injuries by employers; penalty; admissibility as evidence.

  • 2314. Defenses unavailable in action for compensation.

  • 2315. Compensation to illegally employed minors.

  • 2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors.

  • 2317. HAZMAT team members treated as State employees; wage as basis for compensation.

  • 2320. Subpoena of witnesses; oaths; service of process; medical examination and testimony; various fees.
  • Subchapter II. Payments For Injuries Or Death And Incidental Benefits (2321 - 2334)


  • 2321. Minimum duration of incapacity.

  • 2322. Medical and other services, and supplies as furnished by employer.

  • 2322A. Health Care Advisory Panel.

  • 2322B. Procedures and requirements for promulgation of health care payment system.

  • 2322C. Development of health care practice guidelines.

  • 2322D. Certification of health care providers.

  • 2322E. Development of consistent forms for health care providers.

  • 2322F Billing and payment for health-care services.

  • 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee.

  • 2324. Compensation for total disability.

  • 2325. Compensation during partial disability.

  • 2326. Compensation for certain permanent injuries.

  • 2327. Compensation for subsequent permanent injury; special fund for payment.

  • 2328. Compensation for death or disability from occupational disease.

  • 2329. Compensation for disability resulting from occupational and other preexisting disease.

  • 2330. Compensation for death.

  • 2331. Burial expenses where death results from injury.

  • 2332. Death of employee as affecting compensation and other benefits.

  • 2333. Compensation of nonresident alien dependents; representation consular officers.

  • 2334. Benefit adjustment.
  • Subchapter III. Determination And Payment Of Benefits; Procedure (2341 - 2365)


  • 2341. Notice of injury; time of; and failure to give.

  • 2342. Notice of occupational disease; time of; failure to give.

  • 2343. Physical examination of employee; refusal to submit; communications not privileged.

  • 2344. Agreements on compensation or benefits; filing and approval conclusiveness.

  • 2345. Hearing upon disagreement on amount of compensation or benefits.

  • 2346. Hearing upon disagreement on charges for medical and other services and benefits.

  • 2347. Review by Board of agreements or awards; grounds; modifications of award.

  • 2348. Hearings: notice of awards; evidence.

  • 2348A. Mediation.

  • 2349. Exceptions.

  • 2350. Jurisdiction, procedure and decision on appeal; review by Board; costs and security.

  • 2351. Physical examination of claimant on appeal; other additional evidence.

  • 2352. Persons entitled to institute proceedings for minors; notice to.

  • 2353. Forfeiture of right to compensation.

  • 2354. Contribution by 2 or more employers.

  • 2355. Assignment of compensation prohibited; exemption from creditors, claims; child support exception.

  • 2356. Priority of compensation claims.

  • 2357. Collection of payments in default.

  • 2358. Commutation of compensation.

  • 2359. Payment of award to bank in trust for employee or dependents.

  • 2360. Installment payments of compensation.

  • 2361. Limitation periods for claims.

  • 2362. Notice of Denial of Liability; Penalty for Delay in Payment of Compensation.

  • 2363. Third person liable for injury; right of employee to sue and seek compensation; right of employer and insurer to enforce liability; notice of action; settlement and release of claim and effect hereof; amount of recovery; reimbursement of employer o

  • 2364 [Reserved.]

  • 2365. Employee entitled to exercise rights; relief to be granted.
  • Subchapter IV. Compulory Insurance, Self-insurance And Substitute Compensation Systems (2371 - 2386)


  • 2371. Insurance of employer's compensation liability.

  • 2372. Duty of employer to carry compensation liability insurance or to qualify as a self-insurer; deposit of security; premiums for certain summer employees.

  • 2373. Payment of compensation by self-insurer.

  • 2374. Proof of compliance with insurance requirements; liability on failure of compliance; defenses unavailable; injunction.

  • 2375. Certificate of self-insurance; revocation.

  • 2376. Evidence of compliance with self-insurance requirements.

  • 2377. Substitute compensation systems; approval and termination.

  • 2378. Standard provisions of compensation insurance policies.

  • 2379. Workplace safety program.

  • 2380 -2385. [Reserved]

  • 2386. Violations by insurers or self-insurers; penalties.
  • Subchapter V. Taxes And Charges Upon Insurance Carriers And Self-insurers; Workers' Compensation Fund (2391 - 2397)


  • 2391. Taxes on premiums of insurance carriers and payrolls of self-insurers.

  • 2392. Assessments for administrative expenses on insurance carriers.

  • 2393. Notice to insurance carrier.

  • 2394. Exemption from other taxes upon premiums.

  • 2395. Workers' Compensation Fund; payments by insurance carriers.

  • 2396. Workers' Compensation Fund; reimbursement of carriers.

  • 2397 [Reserved.]
  • Misc. Related Statutes


  • 2215A Child support liens; data match




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