Workers' comp · DE
Delaware workers' comp calculator
Delaware counts the day of injury toward its seven-day line and publishes a daily rate for every partial week.
Rules read on official Delaware pages on · Checked by Radif Partners · How we calculate
- Benefit rate
- 66.67%
- Gross average weekly wage before taxes
- Weekly maximum
- $962.72
- from July 1, 2026
- Weekly minimum
- $320.91
- or the wage, if lower
- Waiting period
- 3 days
- paid back past 7 days
Delaware pays total disability at 66.67% of the injured employee's wages, never more than two thirds of the state average weekly wage announced by the Secretary of Labor for the last calendar year and never less than 22 2/9% of it (19 Del. C. § 2324). From July 1, 2026 the state average weekly wage is $1,444.07, so the maximum is $962.72 and the minimum $320.91. A worker who earned less than the minimum receives the full wage. Compensation is paid from the fourth day of incapacity, and from the first day once incapacity reaches 7 days, the day of injury included (§ 2321). A sanitation worker earning $640 a week who is out 7 days receives $244. Total disability has no week limit; partial disability stops at 300 weeks, and permanent injuries are paid for scheduled weeks, such as 220 for a hand.
Weekly temporary total disability benefit in Delaware
$733
$3,178 a month · 66.67% of the wage, tax-free
| 66.67% of $1,100 | $733 |
| Weekly maximum / minimum | $962.72 / $320.91 |
| Days paid / unpaid waiting days | 30 / 0 |
| Total for the time off | $3,143 |
Estimate of wage-loss benefits for a total disability, from the Office of Workers' Compensation, Division of Industrial Affairs, Delaware Department of Labor rates. Medical care is paid separately; partial disability, permanent impairment ratings and settlements follow other rules. How this is calculated.
The day of injury counts
Delaware's waiting rule is short and generous. Under § 2321 compensation begins with the fourth day of incapacity, and if the incapacity extends to 7 days or more, including the day of injury, everything is paid from the first day. Medical care, funeral benefits and permanent hearing or vision loss are owed from day one in every case. A Dover poultry sanitation worker earning $640 a week who goes back after 5 days receives $122; one week off, counting the day of the accident, brings $244, the full week.
The Office of Workers’ Compensation rate memo makes partial weeks easy: it lists a daily amount for each day from one to seven at the maximum rate, $962.72 for a full week.
A July 1 ceiling built from unemployment-insurance payrolls
The Secretary of Labor computes the state average weekly wage from wages reported by employers in the unemployment insurance system, and the new rates take effect each July 1. For 2026 that average is $1,444.07. Two thirds of it is the ceiling, reached at about $1,444 of weekly pay: a Wilmington bank analyst at $2,100 computes to $1,400 and receives $962.72. The floor of 22 2/9% gives $320.91, but § 2324 replaces it with the full wage when the wage is lower, so a beach-season server averaging $280 a week receives $280.
Schedules for permanent injury
Section 2326 pays permanent injuries at 66.67% of wages for a fixed number of weeks, regardless of later earnings: 220 weeks for a hand, 250 for an arm or a leg, 160 for a foot, 75 for a thumb, down to 20 for a little finger. Losing part of a finger counts as a fraction of it. The sanitation worker who loses a thumb would receive roughly $32,002 over 75 weeks, on top of the time already paid as total disability.
Partial disability, when the worker earns less after returning, is two thirds of the lost earning power, under the same ceiling, for up to 300 weeks (§ 2325). Unless the employer has actual knowledge, notice of injury must be given within 90 days after the accident or no compensation is due until notice is given (19 Del. C. § 2341).
The Delaware rules this calculator applies
| Rule | Delaware |
|---|---|
| Temporary total disability rate | 66.67% of gross average weekly wage before taxes |
| Weekly maximum | $962.72 |
| Weekly minimum | $320.91 |
| Applies to | effective July 1, 2026 (state AWW for calendar year 2025 = $1,444.07) |
| Waiting period | 3 days, paid back when the disability lasts more than 7 days |
| Limit on temporary total benefits | no fixed number of weeks |
Rate. 66 2/3% of the injured employee's wages, not more than 66 2/3% of the state average weekly wage announced by the Secretary of Labor for the last calendar year (19 Del. C. § 2324). source
Waiting period. Compensation is paid beginning with the fourth day of incapacity; if incapacity extends to 7 days or more, including the day of injury, compensation is paid from the first day. Medical, hearing/vision loss and funeral benefits are paid from day one (19 Del. C. § 2321). source
Duration. Total disability compensation is paid during the continuance of total disability, with no fixed week cap (19 Del. C. § 2324); partial disability is limited to 300 weeks (19 Del. C. § 2325). source
Permanent disability. Permanent injuries are paid at 66 2/3% of wages for scheduled periods regardless of earning power, e.g. hand 220 weeks, arm 250, foot 160, leg 250, thumb 75, index finger 50 weeks; partial loss of use is paid proportionally (19 Del. C. § 2326). source
Worth knowing in Delaware
- The maximum rate changes every July 1 and equals two-thirds of the prior calendar year's state average weekly wage, derived from employers in the state unemployment insurance system. source
- The Office of Workers' Compensation publishes daily rates for partial weeks: $137.54 for day 1 up to $962.72 for day 7 at the July 1, 2026 maximum. source
- If an employee's wages are below the minimum rate (22 2/9% of the state AWW), the employee receives his or her full wages as compensation (19 Del. C. § 2324). source
- Unless the employer has actual knowledge, notice of injury must be given within 90 days after the accident or no compensation is due until notice is given (19 Del. C. § 2341). source