Delaware Workers' Compensation Settlement Calculator
Estimate Delaware workers' comp — Max Weekly Compensation Rate, Waiting Period, PPD Scheduled-Loss System
Delaware workers' compensation claims are governed by 19 Del. C. § 2324; DOL Rate Memo eff. 7/1/2026 (Max Weekly Compensation Rate): 66⅔% of wages during total disability; capped at $962.72/wk (2026), floor $320.91/wk. Of the 3 landmark Delaware workers' compensation awards documented on this page, the largest is $93K (Quaile v. National Tire and Battery (TBC Corp.) — Huffman medical-expense settlement ($49,820.08 fee-schedule bills + $42,679.92 Huffman damages, plus attorney's fees/interest/costs); 2020).
🐔 DELAWARE: Max Weekly Compensation Rate | Waiting Period | PPD — Scheduled-Loss System
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Delaware Workers' Compensation Law
Delaware workers' compensation benefits is governed by 19 Del. C. § 2324 / DOL Rate Memo, effective July 1, 2026 (Max Weekly Compensation Rate): 66⅔% of the injured worker's wages, up to a maximum of $962.72/week and a minimum of $320.91/week, based on the Secretary of Labor's announced average weekly wage of $1,444.07 for calendar year 2025. If a worker earned less than the statutory minimum wage floor, they receive their actual wages instead of the minimum.
Waiting Period (19 Del. C. § 2321): 3 days — no wage-replacement compensation is paid for the day of injury plus the first 3 days of incapacity. Compensation starts on day 4. If the disability continues for 7 days or more, benefits are paid retroactively back to the date of injury. Medical treatment, hearing/vision-loss permanency, and funeral benefits are payable from day 1 regardless.
PPD — Scheduled-Loss System (19 Del. C. § 2326): a fixed statutory number of weeks per body part, paid at 66⅔% of wages (capped at the state maximum rate) regardless of actual post-injury earning capacity. Arm/leg loss = 250 weeks; hand = 220 weeks; foot = 160 weeks; eye = 200 weeks; hearing loss (both ears) = 175 weeks, (one ear) = 75 weeks; disfigurement up to 150 weeks. At the 2026 maximum rate, that is a theoretical ceiling near $240,680 for an arm or leg — though most claimants recover less because they earn below the state-average wage cap.
Key Delaware Workers' Compensation Statutes
Delaware workers' compensation benefits operates under these critical legal rules:
19 Del. C. § 2324; DOL Rate Memo eff. 7/1/2026
Max Weekly Compensation RateStandard: 66⅔% of wages during total disability; capped at $962.72/wk (2026), floor $320.91/wk
Scope: Rate = 66⅔% of the average weekly wage (AWW) announced annually by the Secretary of Labor, effective each July 1 (2026: AWW $1,444.07 → max $962.72/wk). Minimum is 22-2/9% of AWW ($320.91 for 2026); if actual wages are below the minimum, the employee receives their actual wage instead. Continues for the duration of total disability.
19 Del. C. § 2321
Waiting PeriodStandard: 3 days — compensation begins day 4 of incapacity
Scope: No wage-replacement for the injury day plus the first 3 days. If incapacity reaches 7 days (including the injury day), all compensation is paid retroactively from day 1. Medical/surgical/hospital care, medicines, funeral benefits, and hearing/vision-loss permanency payments start on day 1 regardless.
19 Del. C. § 2326
PPD — Scheduled-Loss SystemStandard: 66⅔% of wages × fixed statutory weeks per body part, capped at the state max rate
Scope: Arm/leg = 250 wks; hand = 220 wks; foot = 160 wks; eye = 200 wks; hearing loss (both ears) = 175 wks, (one ear) = 75 wks; disfigurement up to 150 wks (if visible when normally clothed). Paid regardless of actual post-injury earning capacity. Multiple losses aggregate, capped at the higher-level body-part total (e.g., finger losses can't exceed hand compensation).
19 Del. C. § 2304
Exclusive RemedyStandard: WC is the exclusive remedy against the employer for on-the-job injury/death, regardless of negligence
Scope: Carve-outs: uninsured motorist, underinsured motorist, and personal injury protection (PIP) auto benefits are expressly excluded from the exclusivity bar. Third-party tort claims against a non-employer defendant remain available; the employer/carrier holds a subrogation lien under § 2363 against any third-party recovery.
19 Del. C. §§ 2341, 2361
Notice of Injury + Filing DeadlineStandard: Notice within 90 days of accident; claim agreement/petition within 2 years
Scope: Notice to employer (or actual employer knowledge) required within 90 days of the accident (§ 2341), or no compensation is due until given. Formal claims are forever barred unless the parties agree on compensation or a petition is filed with the Board within 2 years of the accident or death (§ 2361(a)). Occupational-disease/ionizing-radiation claims: 1 year from discovery of the work-relationship (§ 2361(d)). Where payments are ongoing, the bar is extended to 5 years from the last payment (§ 2361(b)).
19 Del. C. § 2322B
Health Care Payment System (HCPS)Standard: Medicare-RBRVS-based fee schedule caps medical reimbursement
Scope: Enacted 2008, targeting a 33% cut in WC medical spend by January 2017. Applies to all covered treatment on/after May 23, 2008. Individual procedures generally capped at 200% of the federal Medicare rate, with limited exceptions up to 250% (radiology) and 300% (surgery). Adjusted annually by CPI-Urban since January 2018. Fee schedule and formulary are published free online by the Office of Workers' Compensation.
Recovery Structure
Medical treatment (paid per the Health Care Payment System fee schedule, 19 Del. C. § 2322B), lost-wage replacement at 66⅔% of wages up to the state max, permanent impairment awards via the § 2326 scheduled-loss system (or unscheduled % awards for the back and other non-listed body parts, § 2325), vocational rehabilitation, and death/survivor benefits under § 2330. No pain-and-suffering recovery under workers' comp — the trade-off for exclusive remedy.
Key Delaware Doctrines
Exclusive Remedy: Compensation under the Act is the exclusive remedy against the employer, regardless of negligence — except for UM/UIM and PIP auto-insurance benefits, and except that third-party tort claims against a non-employer defendant (e.g., a negligent driver) remain fully available alongside a WC claim, subject to the employer/carrier's subrogation lien under § 2363. Health Care Payment System (HCPS): Medical fees for injuries treated on or after May 23, 2008 are capped by a Medicare-RBRVS-based fee schedule (19 Del. C. § 2322B) — generally up to 200% of the Medicare rate, with limited exceptions up to 250% (radiology) and 300% (surgery).
Damage Structure + Caps
Medical benefits per the HCPS fee schedule (usually full coverage, subject to caps), lost-wage replacement capped at $962.72/week (2026) with a $320.91/week floor, scheduled permanent-injury awards (weeks × comp rate), unscheduled PPD for the back and other body parts up to 300 weeks (§ 2325), disfigurement awards up to 150 weeks, and death benefits.
Delaware Workers' Compensation Verdicts + Averages
Recent Delaware workers' compensation benefits outcomes documented in reported Industrial Accident Board and court decisions:
| Amount | Year | Case / Injury |
|---|---|---|
| $93K | 2020 | Quaile v. National Tire and Battery (TBC Corp.) — Huffman medical-expense settlement ($49,820.08 fee-schedule bills + $42,679.92 Huffman damages, plus attorney's fees/interest/costs) — Right foot/ankle, right knee meniscal tear, L3-4 herniated disc (lumbar fusion), later rectal complications — 2015 fall from a ladder |
| $14K | 2018 | Torres v. Reybold Homes, Inc. — 28-week disfigurement award accepted in full satisfaction of IAB judgment ($14,242.20) — Knee scarring and altered gait from an industrial accident |
| $13K | 2020 | ACW Corp. (a.k.a. Arby's) / Eastern Alliance Ins. Co. v. Maxwell — commuted lump-sum WC settlement under 19 Del. C. § 2358 — Work-related motor vehicle accident (2016); commuted TTD, TPD, permanent impairment, disfigurement, death, and medical benefits |
Delaware Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Delaware for 2026?
Effective July 1, 2026, Delaware's maximum weekly workers' compensation rate is $962.72, based on the Secretary of Labor's announced average weekly wage of $1,444.07 for calendar year 2025 (19 Del. C. § 2324; 66⅔% of AWW). The minimum rate is $320.91/week. Your actual benefit is 66⅔% of your own average weekly wage, up to this cap.
How long do I have to report my Delaware work injury?
You (or someone on your behalf) must give your employer notice within 90 days of the accident, unless the employer already has actual knowledge of the injury (19 Del. C. § 2341). For occupational diseases, you have 1 year from when you knew or should have known the disability was work-related (19 Del. C. § 2361(d)). Separately, a formal claim must be filed with the Industrial Accident Board within 2 years of the accident or death, or benefits are permanently barred (19 Del. C. § 2361(a)).
Can I sue my employer in Delaware in addition to workers' comp?
Generally NO — under 19 Del. C. § 2304, workers' compensation is your 'exclusive remedy' against your employer, regardless of fault. Exceptions: (1) third-party claims against a non-employer defendant (e.g., a negligent driver, equipment manufacturer, or subcontractor) remain available, though your employer's workers' comp carrier can assert a subrogation lien against that recovery under § 2363; (2) uninsured/underinsured motorist and PIP auto benefits are carved out of the exclusivity bar. Running a third-party claim alongside your WC claim is common in Delaware.
What is a commutation in Delaware workers' compensation?
A commutation converts your future weekly workers' comp benefits (temporary or permanent disability, disfigurement, even future medical) into a single lump-sum payment (19 Del. C. § 2358). It requires Industrial Accident Board approval and is often used to fully and finally resolve a claim. Once approved, a commutation generally releases the carrier from further liability for that injury — even if symptoms recur years later, so review any proposed commutation carefully with an attorney before signing.
How much is my Delaware workers' comp settlement worth for a permanent injury?
For a 'scheduled' body part (arm, leg, hand, foot, eye, hearing), Delaware pays a fixed number of weeks at 66⅔% of your wages, capped at the state max — e.g., 250 weeks for an arm or leg, 220 for a hand, 160 for a foot (19 Del. C. § 2326). For the back and other non-scheduled injuries, compensation is based on your percentage loss of earning capacity, up to 300 weeks (§ 2325). Medical-expense disputes can also be resolved separately (a 'Huffman' demand) or through a lump-sum commutation of the whole claim.
Pending Delaware Workers' Compensation Issues
Active legal developments (as of April 2026):
- The July 1, 2026 rate ($962.72 max / $320.91 min) is based on the Secretary of Labor's announced calendar-year-2025 average weekly wage ($1,444.07); claims with a date of injury before July 1, 2026 are governed by the prior rate year instead (July 2025-June 2026: max $924.31/wk, min $308.11/wk).
- PPD scheduled-loss dollar totals (weeks × rate) are only realized at the state-maximum rate for claimants whose own average weekly wage is at or above roughly $1,444/week; most claimants' actual weekly rate — and therefore their scheduled award — is lower.
- Second Injury Fund (Workers' Compensation Fund, § 2327) reimbursement to insurance carriers is time-limited (2-year petition deadline) and unavailable to self-insured employers since the 1997 Workers' Compensation Improvement Act — a frequently litigated nuance in subsequent-injury cases.
- Landmark case amounts above come from reported Superior/Supreme Court opinions on appeal from Industrial Accident Board decisions (a Huffman medical-expense settlement, a disfigurement award, and a commutation) — Delaware WC claims are decided by the Board, not a jury, so there are no 'jury verdicts' in the traditional sense, and these figures are not necessarily representative of typical case values.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- industrialaffairs.delaware.gov/hubfs/Workers%20Compensation%20Rate%20Letter%202026.pdf?hsLang=en
- industrialaffairs.delaware.gov/hubfs/Workers%20Compensation%20Rate%20Chart%202026.pdf?hsLang=en
- delcode.delaware.gov/title19/c023/sc01/index.html
- delcode.delaware.gov/title19/c023/sc02/index.html
- delcode.delaware.gov/title19/c023/sc03/index.html
- courts.delaware.gov/Opinions/Download.aspx?id=335290
- courts.delaware.gov/Opinions/Download.aspx?id=313290
- courts.delaware.gov/Opinions/Download.aspx?id=272960
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview