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Workers' Compensation for Delaware Businesses

Who is covered by the Delaware Workers’ Compensation Law?

According to the State of Delaware website:

Employees covered under Delaware Workers’ Compensation Law refers to every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer’s contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker’s own home, or on the premises not under the control or management of the employer. “Casual employment,” as used in this paragraph, means employment for not over 2 weeks or a total salary during the employment not to exceed $100 and, subject to the above, repairs and maintenance of employer’s regular business shall not be construed as casual employment; except, however, that everyone assigned to work under §§ 901-905 of Title 31 is specifically designated an employee, notwithstanding any provisions of this section to the contrary.

Inmates in the custody of the Department of Correction or inmates on work release who participate in the Prison Industries Program or other programs sponsored for inmates by the Department of Correction pursuant to Chapter 65 of Title 11 or other applicable Delaware law shall not be considered employees of the State for purposes of this title or otherwise be eligible for workers’ compensation benefits unless said inmate is employed by an employer other than the State or a political subdivision thereof.

Any person providing services as a sports official at a sports event in which the players are not compensated shall not be considered employees under this title. For purposes of this title “sports officials” includes an umpire, referee, judge, scorekeeper, timekeeper, organizer, or other person who is a neutral participant in a sports event. This exclusion does not apply to workers’ compensation claims against schools, associations of schools or other organizations sponsoring a sports contest where the claimant is a sports official who is a regular employee of such school, association of schools, or other organization sponsoring the sports contest.

What constitutes a personal injury sustained in the work place according to Delaware Workers’ Compensation Law?

According to the State of Delaware website:

a. Shall not cover an employee except while the employee is engaged in, on or about the premises where the employee’s services are being performed, which are occupied by, or under the control of, the employer (the employee’s presence being required by the nature of the employee’s employment), or while the employee is engaged elsewhere in or about the employer’s business where the employee’s services require the employee’s presence as a part of such service at the time of the injury, provided, however, that participation in an approved Travelink Traffic Mitigation Act program, created pursuant to subchapter IV of Chapter 20 of Title 30, shall not be construed as meeting either exception contained in this paragraph; and

b. Shall not include any injury caused by the wilful act of another employee directed against the employee by reasons personal to such employee and not directed against the employee as an employee or because of the employee’s employment.

c. Shall, however, cover any personal injury to an off-duty employee of the State who demonstrates by a preponderance of the evidence that the injury was the result of an intentional act by a person associated with the employee in that employee’s official capacity who committed the act because of that association. It is an affirmative defense in the case of an off-duty injury that the injured employee initiated the incident that resulted in the injury.

Delaware Statistics*

*2018 business stats provided by the U.S. Small Business Administration


number of Delaware residents employed by small businesses


number of workers’ comp claims in Delaware


square miles of total land mass


vintage planes in the Air Mobility Command Museum


annual visitors to the Punkin Chunkin World Championship

Delaware Businesses We Cover with Workers' Comp Insurance

We are continually adding more industries. To get a quick, free quote, click here.

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Food & Beverage

Bars, Bistros, Cafeterias/Buffets, Candy Stores, Caterers, Coffee Shops, Doughnut Shops, Fast Casual, Fast Food, Fine Dining, Health Supplement Stores, Juice Shops, Tea Houses, Taverns and Nightclubs

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Tech Services

Data Processing, Ecommerce, Hosting, Graphic Design, Network Installation/Repair, Office Machine Installation/Repair, Programming, Strategy & Management Consulting Services, and Software/Web Development (includes SOLOpreneuers!)

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Legal Services

Athlete/Actor/Entertainer Agents, Court Reporters, Lawyers & Attorneys at Law, Notaries and Transcription

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General Retail

Bakeries, Beer/Wine/Liquor Stores, Butcher/Meat Markets, Convenience Stores/Gas Stations, Discount Stores, Fish, Seafood, Fruit & Vegetable Markets, Grocery Stores, Laundromats, Pet Stores, Pharmacies/Drug Stores, Specialty Food Stores

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Educational Services

Computer Training, Cosmetology/Barber Schools, Exam Preparation/Tutoring, Fine Art Schools, Language Schools, Libraries/Archives, Management Training, Professional Training, & Translation/Interpretation Services

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Microbreweries (less than 15,000 barrels produced per year) & Wine Making (no growing or production of grapes/fruit)

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Personal Services

Barber Shops/Salons, Cemeteries/Mausoleums, Crematoriums, Funeral Homes, Interior Design, Pet Kennels/Groomers, Photography/Photofinishing, Gyms, Nail Salons, Self-Storage, Tanning Salons, Tattoo/Piercing, and Wedding/Event Planners

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Clothing Retail

Bridal Stores, Clothing Stores, Dry Cleaners, Formal Wear/Costume Rentals, Luggage & Leather Goods Stores, Shoe Retail/Repair, and Tailor Shops

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Personal Product Retail

Art Galleries/Stores, Auto Parts, Beauty/Cosmetics, Bike Stores, Bookstores, Camera/Photo Supplies, Cell Phone Retail/Repair, Computer Stores, Jewelry Stores, Musical Instruments, Sporting Goods , Tobacco/Vaping & Video Games

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Medical Professions

Blood Banks, Dental Labs, Dentists/Orthodontists, GP/Medical Specialists, Kidney Dialysis Centers, Medical Diagnostics & Testing, and Veterinarians

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Architecture & Engineering Services

Architects & Drafting, Engineering, Surveyors, & Window Treatment Stores (we do not cover construction contractors or trucking companies)

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Financial Services

Accounting, Auditors, Banks/Credit Unions, Bookkeeping, Collection Agencies, Financial Advisors/Trust Companies, Mortgage & Loan Brokers, Payroll Services, Tax Preparation, Title & Title Insurance

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Scientific Services

Scientific Research & Development/Consulting, Technical Consulting, & Environmental Consulting

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Office, Home, & Garden

Hearing Aid Stores, Hobby/Craft/Art Stores, Gift/Novelty Stores, Florists, Floor Covering Stores, Mailing/Packaging Stores, Models/Toy/Games, Office Supplies, Optical Stores, Paint/Wallpaper Stores, Perfume Stores, Plumbing & Taxidermists

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Therapeutic Services

Acupuncture, Chiropractors, Mental Health Practitioners, and Physical & Occupational Therapy

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Explore commonly asked questions about business type, industry and state.

To put it simply, your business is covered. Just like that. In most cases, all of your employees are covered by workers' compensation insurance. You can request a Certificate of Insurance (COI) to provide proof of insurance. You can request periodic COIs throughout the contract.
Workers' compensation insurance provides all state required benefits, including reasonable and necessary medical treatment and wage replacement, for employees injured in the course and scope of employment.
In most states, it’s required for small business owners to obtain workers’ compensation coverage. In the event that an employee is injured in the course and scope of your employment, workers' compensation insurance protects you from costly lawsuits and provides state required compensation for the employee, including lost wages and medical expenses.
The estimated premium is based on estimated payroll (at the beginning of the policy). The final premium is based on actual payroll (at the end of the policy) for the policy period (usually 12 months). In the event your payroll changes, we'll work with you on adjusting your policy.
Yes, the workers' compensation policy covers all of your employees. Significant changes to your payroll should be reported to Cerity. This will help mitigate having a large additional premium due at the end of your policy period.
Starting a small business is nothing less than an act of bravery. Those who dare to do it deserve total support — and that’s why we built Cerity. We reimagined insurance to meet the needs and wants of small businesses, making it easier, more flexible, and more transparent. Founded by a company that’s insured over 100,000 small businesses, we have the experience (and empathy) to help you get the workers’ comp coverage you need, fast. Check out our free workers’ comp quote tool to see for yourself.
You do not need any documents to apply, however it will be helpful to have your business FEIN on hand. All you need to obtain a quote is tell us a few quick things about your business and we should be able to get you a quote on a policy you can purchase easily online.