How much is a back injury worth in Delaware workers' comp?
Delaware pays a scheduled permanent partial disability award for a back injury: the law sets total loss at 300 weeks.
How a back injury is paid in Delaware
Not named, but falls under the catch-all for any part of the body: a proportion of up to 300 weeks.
Each week is paid at 66.67% of your average weekly wage, up to $962.72 a week, with a minimum of $320.91 a week (or your full wage if it is lower).
If your doctor rates a partial loss of use, the award is generally that percentage of the scheduled weeks. A 25% rating works out to 75 weeks.
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.
Worked examples
| Rating | $800 weekly wage | $1,200 weekly wage | $1,600 weekly wage |
|---|---|---|---|
| 10% loss of use | $16,001 | $24,001 | $28,882 |
| 25% loss of use | $40,002 | $60,003 | $72,204 |
| 50% loss of use | $80,004 | $120,006 | $144,408 |
| 100% loss of use | $160,008 | $240,012 | $288,816 |
Calculate your back award
Settlement value vs. the statutory award
The figures on this page are what Delaware law sets. Many claims end in a negotiated settlement instead. Insurers usually start from the statutory award for your rating, then adjust for disputed ratings, future medical care, how long wage-loss benefits could run and the risk of a hearing. Knowing the statutory number for a back injury helps you judge whether an offer is low.
Delaware vs. neighboring states
| State | How a back injury is paid | Max for total loss |
|---|---|---|
| Delaware | 300 weeks | $288,816 |
| Maryland | impairment rating (see rule) | — |
| New Jersey | impairment rating (see rule) | — |
| Pennsylvania | wage loss | — |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in Delaware
Weekly temporary benefits while you cannot work follow these rules:
| 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
Frequently asked questions
How much is a back injury worth in Delaware workers' comp?
Delaware schedules 300 weeks for total loss, up to $288,816 at the top weekly rate. A partial loss is paid as a share of that, based on your doctor's rating and your wage.
What is the average workers' comp settlement for a back injury in Delaware?
Delaware does not publish an official average. The best benchmark is the statutory award for your rating: for example, a 25% loss of use at a $1,200 weekly wage works out to about $60,003. Settlements move up or down from there.
What is the maximum weekly workers' comp benefit in Delaware in 2026?
The maximum weekly temporary total disability benefit is $962.72 (2026-07-01 to 2027-06-30).
Is there a waiting period in Delaware?
Yes. Delaware does not pay the first 3 days of lost time, but pays them back once disability lasts more than 7 days.
Which law sets these amounts?
19 Del. C. §§2321, 2324, 2325, 2326. The official sources are linked at the bottom of this page.
Other injuries in Delaware
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.