Delaware Workers' Compensation Insurance

Corporate officers who hold stock in the corporation can affirmatively elect to exclude themselves from the company's workers' comp policy. Sole proprietors and partners work the opposite way: they are not automatically covered and must affirmatively elect to be included on the firm's policy if they want coverage, which typically increases the policy's premium basis. Because these are opt-in or opt-out elections filed with the carrier, employers should keep the signed election documentation on hand and confirm current status for any owner or officer rather than assuming a default.

An employer operating without required coverage can be fined for each uninsured employee and for every day the business operated without coverage, and can be held directly responsible for paying all medical and wage benefits owed to a worker hurt during the uninsured period (19 Del. C. § 2374(d)-(g)). The Department of Labor administers enforcement and can pursue collection against a noncompliant employer.

Delaware is a competitive market state rated by its own independent bureau, the Delaware Compensation Rating Bureau (DCRB), rather than NCCI, and our agency can compare coverage across the private carriers writing business here. There is no Delaware state-run workers' comp fund; employers who can't find a voluntary carrier are placed through Delaware's assigned risk mechanism, which assigns the account to a servicing carrier. Because coverage is required from the first employee with no size exemption, a small Delaware business should have a policy in place before its first hire's start date.