Delaware Workers' Comp Benefits (2026)
How Delaware pays injured workers: the weekly rate while you recover, the 2026 maximum, and what each type of permanent injury is worth, with the statute behind each number.
What is different in Delaware
Delaware pays scheduled awards at 66 2/3% of wages regardless of earning power, and uses a 300-week catch-all for body parts not listed, which is how back and neck ratings are paid. Visible, serious disfigurement can add up to 150 weeks.
Weekly benefits while you cannot work
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $962.72 (2026-07-01 to 2027-06-30) |
| Minimum weekly benefit | $320.91 (22 2/9% of state AWW), or actual wage if lower |
| Waiting period | 3 days |
| Waiting days paid back after | 7 days of disability |
| Time limit on temporary benefits | No fixed week limit in statute |
Estimate your weekly check
What each injury is worth
| Injury | How it is paid | Max award |
|---|---|---|
| Back | 300 weeks | $288,816 |
| Neck | 300 weeks | $288,816 |
| Shoulder | 250 weeks | $240,680 |
| Knee | 250 weeks (as the leg) | $240,680 |
| Arm | 250 weeks | $240,680 |
| Hand | 220 weeks | $211,798 |
| Thumb | 75 weeks | $72,204 |
| Index Finger | 50 weeks | $48,136 |
| Leg | 250 weeks | $240,680 |
| Foot | 160 weeks | $154,035 |
| Big Toe | 40 weeks | $38,509 |
| Eye | 200 weeks | $192,544 |
| Hearing Loss | 175 weeks | $168,476 |
Permanent injuries in general
'proper and equitable' compensation for loss of use of any unlisted member or part of the body, up to 300 weeks at 66 2/3% of wages.
Law and official sources
Official sources
Statute: 19 Del. C. §§2321, 2324, 2325, 2326; 19 Del. C. §2326
- Delaware Department of Labor, Division of Industrial Affairs (Office of Workers' Compensation) (official site)
- industrialaffairs.delaware.gov/hubfs/Workers_Compensation_Rate_Letter_2025%20(1).pdf?hsLan
- delcode.delaware.gov/title19/c023/sc02/index.html
- law.justia.com/codes/delaware/title-19/chapter-23/subchapter-ii/section-2326/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the Delaware workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.