Delaware · workers' compensation
Delaware workers' comp filing deadline
Talk to a workers' comp attorney in Delaware.
Free, confidential consultation. Statute-of-limitations rules have many exceptions — a lawyer can confirm your specific deadline.
Notice to employer
Notice to employer within 90 days of accident; no compensation due until notice given or knowledge obtained (§2316)
Filing with the state
Claims for personal injury or death barred unless filed with the Industrial Accident Board within 2 years of accident (§2361(a)); 5 years from last payment when payments have been made under agreement or award (§2361(b)). For occupational disease/ionizing radiation: 1 year from date employee acquired knowledge that disability was/could have been caused by employment.
Compute your Delaware deadline
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Exceptions and tolling
Statute-of-limitations rules have many exceptions that can extend or pause the clock. The most common in Delaware:
Occupational disease — Discovery rule
OD claims barred unless petition filed within 1 year of date employee 'first acquired such knowledge that the disability was or could have been caused or had resulted from employment.'
Minor tolling
Pending
Mental / disability tolling
Pending
Death claim deadline
Survivors filing for death benefits typically have 2 years from date of death. This calculator does not yet handle death claims; consult a lawyer for those.
Leading case
Pending
Pending
Pending
Attribution
- Primary source
- https://delcode.delaware.gov/title19/c023/index.html