How does workers' comp work in Delaware?

Delaware is a state that is in a difficult position to help employers with rates on workers' compensation insurance. Because of its relatively small size there is a lack of competition in the marketplace for workers compensation coverage. This lack of competition makes rates fairly high in the state of Delaware. Currently, Delaware is ranked as the 23rd most expensive state in the country to purchase workers' comp coverage. Rates are high in the state of Delaware for a few other reasons as well.

First and foremost, rates may be higher in Delaware because of a lack of competition on the open market. This creates little incentive for carriers to strongly discount policies. Because of the relatively small size of the state, not a lot of insurance carriers are actively quoting policies in Delaware. This lack of competition drives up the price of coverage. Also, Delaware has its own state fund as the assigned risk provider. This assigned risk provider is weak compared to other states who have more well established partners. Typically states that partner with an outside carrier enjoy more competition and lower rates on workers' comp coverage.

Another reason for higher than average rates on workers' comp coverage is that in 2011 the state legislature in Delaware, in partnership with the Delaware Compensation Rating Bureau, approved rate hikes of 16.5% for the State Fund and 11.3% for the voluntary market. This rate hike alone took Delaware from being cheaper than average compared to the rest of the country to in the top ten most expensive states in the country to purchase workers' comp coverage.

Don't pay too much for your Workers' Compensation Policy. We can shop your policy with more than a dozen insurance carriers actively quoting policies in Delaware. We want to quote your business. Call today to speak with one of our knowledgeable agents at 888-611-7467 or start a quote here online. It only takes a few minutes.

Workers' Comp Rules & Information for Delaware

Delaware Office of Workers' Compensation

State Office Building, Sixth Floor
820 North French Street
Wilmington, Delaware 19801

Delaware Workers' Comp Rates Rising Again

The Delaware Compensation Rating Bureau has approved a 7.2% increase in voluntary workers' compensation rates. These rates took affect as of December 1, 2016.

7.2% Increase in Rates Approved for DE.

What is Workers' Compensation?

The basic purpose of the Workers’ Compensation is to provide wage replacement benefits and medical treatment for employees who have been injured or become ill due to a work-related injury or illness. It prevents the employer from bearing the costs of injuries that occur during normal business operations.

Delaware Compensation Rating Bureau (DCRB)

The DCRB was formed in 1917 as a non-profit corporation and it is not affiliated with the state government of Delaware. The DCRB’s enabling statute specified that classification of employers, underwriting rules, policy forms, loss cost values and rating plans for workers compensation shall be proposed by a rating bureau. The DCRB is subject to examination by the Delaware Insurance Commissioner.

How does workers' comp help my business?

Your business benefits from workers' compensation coverage by not being liable for injuries that occur as a part of normal business operations. This applies whether the injury was the fault of the business or was caused by negligent actions of the employee. You can move forward with your business operations knowing that if one of your employees is injured because of something that happens as a normal part of your business operations, your business is not liable for the costs.

How does workers' comp help my employee?

Employees benefit from workers' comp coverage by having lost wages covered while they are hurt or sick and not able to work. It also pays for medical costs they might incur as a result of the sickness or injury.

Delaware Assigned Risk Program

The Department of Insurance in Delaware oversees the Assigned Risk Plan for the state. If an employer is unable to purchase workers compensation in Delaware from a private insurance company, they are eligible for a policy from the Delaware Workers Compensation Insurance Plan(DIP). In order to apply for State Fund in Delaware, two or more licensed agents from the voluntary market must first decline the application due to class codes, experience modification or loss history. The DIP is the carrier of last resort and no employer should buy coverage from the DIP unless they have no other options. Aside from having rates up to 50% higher than private carriers, the DIP applies a surcharge of .50% to all polices issued through the Delaware State Fund.

State Insurance Directives Regarding Covid-19

DE prohibits cancellation/nonrenewal of an insurance policy because the “covered policyholder” is unable to pay premium.  “Covered policyholder” is defined as an individual or business who, as a result of the conditions imposed under the State of Emergency, was laid off or fired from their employment or was required to close or significantly reduce its business. 8th Modification: Clarifies that the prohibition on cancellation/nonrenewal does not relieve the policyholder of its obligation to pay. 9th Modification: Clarifies that the intent of the prohibition is to give policyholders time to pay premium. It is not meant to forgive the premium owed - once the state of emergency is lifted, the premiums will remain due.

Mandatory order in effect from 03/24/2020 - further notice.

State Orders Regarding Insurance Claims Related to Coronavirus

No current state orders.

Specialized Programs for Select Industries

We work with our national insurance partners to develop targeted programs with easier underwriting requirements and lower rates. We offer a broad range of business class codes that help streamline the quote process so you get the lowest price for coverage.

Knowing the Delaware workers comp requirements can help lower the cost of coverage.

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Delaware Work Comp Information

State mandated rate hike.

in 2011, the Delaware Department of Insurance approved a workers compensation rate increase. The average rate increase was a whopping 16.5% for the State Fund and 11.3% for the voluntary market. The new rates approved by DCRB made Delaware one of the most expensive states in the country to purchase coverage.

Since this rate increase took place it has been more important than ever for employers to shop their policies to make sure they are taking advantage of all the cost saving measures available to their business. Call today to see if our agents can help you save on your coverage 888-611-7467.

Let Workers Compensation help your business navigate workers' comp insurance in Delaware.

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Workers' Comp Includes Employers Liability Insurance?

Employers liability insurance is an additional layer of coverage included as part of a workers' compensation insurance policy. Employers Liability is known as Part 2 of the policy. It adds two additional coverages for employers:

Employers Legal Liability and Legal Defense Costs

In today's world, there are a variety of reasons employees and third-parties sue employers for damages. Here a some common types covered by employers liability insurance:

Third Party Lawsuits

Your employee sues another party that may have contributed to the injury, In turn, the third party sues your business.

Consequential Bodily Injury

Another party or individual is injured while providing care for the injured employee.

Dual Capacity Legal Action

An employee files a claim but also attempts to sue the employer for being responsible in other ways outside of the employment relationship.

Loss of Consortium

A spouse sues for damages caused by the loss of companionship or relations.

Employers Liability coverage is not included with coverage in the four monopolistic states. Employers in these states can endorse this coverage onto their General Liability policy. That coverage is commonly known as Stop Gap Coverage.

Workers' Comp Covers DE Employers from Injury Related Expenses & Lawsuits
Employers liability insurance is included under a workers' comp policy in most states.
  • Employers liability coverage is not included in all monopolistic states.
  • All NCCI and most other states' coverage includes employers liability insurance.
Visit NCCI for more resources and information about workers' compensation class codes. Visit United States Department of Labor for more information about government agencies managing workers compensation insurance rates.

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