Delawareworkers' comp filing deadline
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.
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.'
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.
Attribution
- Last verified
- May 4, 2026
- Editorial review
- Statute linked to primary source
- Primary source
- https://delcode.delaware.gov/title19/c023/index.html