Hurt at Work
19 Del. C. § 2341 — notice within 90 days, a claim within 2 years, and two thirds of wages while totally disabled
90 days to tell the employer. Unless the employer already knows, no compensation is due until notice of the injury is given to the employer, and it is to be given within 90 days after the accident.
- A claim is barred unless, within 2 years after the accident, the parties agree on compensation or someone petitions the Industrial Accident Board.
- Medical care is paid from the first day. Wage benefits start on the fourth day of incapacity, or from the first day if it lasts 7 days or more.
- Total disability pays two thirds of the employee's wages, up to a cap tied to the state average weekly wage.
- The employee may choose the treating doctor, giving the employer or insurer written notice.
After payments under an approved agreement, a later claim has 5 years from the last payment. A particular claim is a question for a licensed Delaware attorney.
Sources for this section (5)
- 19 Del. C. § 2341 — Notice of injury; time of; and failure to give
- 19 Del. C. § 2361 — Limitation periods for claims
- 19 Del. C. § 2321 — Minimum duration of incapacity
- 19 Del. C. § 2324 — Compensation for total disability
- 19 Del. C. § 2323 — Selection of physician, surgeon, dentist, optometrist or chiropractor by employee
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.