Free Delaware workers comp calculator. Estimate TTD at 66.67% of AWW under 19 Del. C. 2301, displaced worker doctrine, day-1 medical benefits, and IAB process.
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Delaware workers compensation operates under Title 19 of the Delaware Code, sections 2301 through 2397, and is administered by the Industrial Accident Board (IAB). The TTD rate is 66 and two-thirds percent of average weekly wage. Delaware has two features that distinguish it from neighboring states: medical benefits begin on day 1 of the injury (with wage replacement starting on day 4), and the displaced worker doctrine can convert a partial disability into total disability under certain circumstances.
| Rule | Delaware (DE) |
|---|---|
| TTD rate | 66 2/3% of AWW |
| Maximum weekly cap | Based on SAWW (adjusted annually) |
| Waiting period | 3-day waiting period; NOT retroactive |
| Notice to employer | 90 days from date of injury |
| Filing deadline | 2 years from date of injury (1 year for ionizing radiation injuries) |
| System type | Exclusive administrative (IAB) |
| Doctor choice | Employee choice of physician |
| PPD / impairment | Partial disability benefits limited to 300 weeks; scheduled losses by body part; employer must have attorney at IAB hearings |
| Settlement approval | Industrial Accident Board (IAB) approval required |
| Unique rule | Displaced worker doctrine (total disability presumed when worker cannot return to any employment they are qualified for); medical benefits start day 1; wage replacement starts day 4; 300-week PPD limit |
| Governing statute | 19 Del. C. sections 2301-2397 |
| Administering agency | Office of Workers' Compensation / Industrial Accident Board (IAB) |
Check the Delaware Office of Workers Compensation (delawareworks.com) for the current SAWW and maximum rate.
Delaware also gives injured workers the right to choose their own treating physician from the outset, which is a significant advantage compared to states like Indiana where the employer controls the medical provider selection. The 90-day notice period is one of the more generous employer-notice windows.
Enter your average weekly wage to estimate your Delaware workers comp TTD benefit and PPD value. This calculator applies the 66 2/3% of AWW formula from 19 Del. C. sections 2301-2397.
Based on 19 Del. C. sections 2301-2397
Delaware's displaced worker doctrine is a legal principle recognized by Delaware courts that can significantly increase the value of a workers comp claim. Under this doctrine, if a workplace injury prevents a worker from returning to any gainful employment for which they are reasonably qualified by experience, training, and education, the worker may be classified as totally disabled even if the medical impairment rating would otherwise suggest only partial disability.
This matters because a worker classified as totally disabled receives benefits at the full TTD rate without a 300-week limitation, while a partially disabled worker is limited to 300 weeks of PPD benefits. The displaced worker doctrine effectively looks beyond the medical impairment percentage to consider the worker's real-world employability.
For example, a construction laborer in their 50s with a severe back injury and a 15 percent impairment rating might technically have partial disability. But if the injury prevents them from performing any physical labor, and their education and experience do not qualify them for sedentary work, the displaced worker doctrine could classify them as totally disabled.
Delaware's day-1 medical benefit is also notable. In most states, there is a waiting period before any benefits begin. Delaware splits the waiting period: medical treatment is covered immediately from day 1, while wage replacement benefits begin on day 4. This means the injured worker never goes without medical coverage, even during the initial waiting period.
Delaware limits partial disability benefits to 300 weeks (approximately 5.8 years). Scheduled injuries receive a fixed number of weeks per body part. Unscheduled injuries are assessed based on impairment rating and loss of earning capacity.
The 300-week limit makes the displaced worker doctrine particularly important: if a worker can demonstrate they are displaced from the workforce, the claim converts from a time-limited PPD to an open-ended total disability claim. This distinction can mean the difference between 300 weeks of benefits and potentially decades of benefits.
Settlements in Delaware require approval by the Industrial Accident Board. An important procedural note: employers must have attorney representation at IAB hearings. Workers are not required to have attorneys but are strongly encouraged to retain one, especially for settlement negotiations.
Appeals of IAB decisions must be filed within 45 days. This tight appeal window means that workers who disagree with a board decision must act quickly to preserve their rights.
The displaced worker doctrine allows a worker to be classified as totally disabled if their injury prevents them from returning to any employment they are reasonably qualified for by education, training, and experience, even if the medical impairment rating suggests only partial disability.
Medical benefits start on day 1 of the injury. Wage replacement benefits start on day 4. Delaware splits the waiting period so that medical coverage is never interrupted.
Partial disability benefits are limited to 300 weeks (approximately 5 years and 10 months). After 300 weeks, benefits end unless the worker qualifies for total disability, including through the displaced worker doctrine.
Yes. Delaware allows injured workers to choose their own treating physician from the outset. This is a significant advantage compared to states where the employer controls provider selection.
You must notify your employer within 90 days of the injury. You have 2 years to file a formal claim with the Industrial Accident Board (1 year for ionizing radiation injuries).
Yes. Delaware requires employers to be represented by an attorney at Industrial Accident Board hearings. Workers are not required to have attorney representation but are strongly advised to retain one.
No. SettlementCalculator.xyz is operated by Mustafa Bilgic, a non-attorney individual operator. This page is educational research only. Consult a licensed attorney in Delaware for advice about your specific claim.
Appeals of Industrial Accident Board decisions must be filed within 45 days of the decision. This is a strict deadline, and missing it can forfeit your right to appeal.