Workers' Compensation by state

Workers' compensation requirements in Delaware

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Direct answer

Does Delaware require workers' compensation insurance?

Yes. Delaware requires workers' compensation coverage once a business has one or more employees, under the Delaware Workers' Compensation Act. Delaware requires employers with one or more employees to carry workers' compensation coverage. Policies are purchased from private insurers or through an approved self-insurance program regulated by the state.

Reviewed by Cornerstone Staff28 years of financial services state licensing experienceLast verified July 29, 2026

How the mandate works

Delaware requires employers with one or more employees to carry workers' compensation coverage. Policies are purchased from private insurers or through an approved self-insurance program regulated by the state.

Coverage trigger: One or more employees
If you go without coverage: Employers that fail to insure can face fines, potential imprisonment for willful violations, and direct liability for benefits owed to an injured worker.

Notable exemptions

Exemptions are narrow and fact-specific; confirm your situation with the regulator or an agent before relying on one.

Sole proprietors and partners with no employees
Certain farm and agricultural labor
Casual domestic service in a private home below statutory pay limits

Statutes and sources

Delaware Workers' Compensation Act

Del. Code Ann. tit. 19, sect. 2301 et seq.

Regulator: Delaware Office of Workers' Compensation . Last verified 2026-07-29 from the official source .

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