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★ Delaware · workplace

Workplace settlements
in Delaware.

By 9 min read

Delaware comp pays 66 2/3 percent of wages, capped at 66 2/3 percent of the state average weekly wage. A ShopRite seafood manager whose feet flew out from under him got some benefits but not all his medical bills. A worker who kept working after a wall fell on him still proved his claim with a doctor’s causation opinion.

Facts that decide a workplace claim in Delaware

Comp rateTotal disability pays 66 2/3 percent of wages, not more than 66 2/3 percent of the average weekly wage announced by the Secretary of Labor, nor less than 22 2/9 percent.19 Del. C. § 2324
Causation opinionA doctor’s opinion given to a reasonable degree of medical probability is substantial evidence of causation, even when symptoms appear gradually.Alutech United v. Sammons (Del. Super. 2021)
Deadline to sueNo personal injury action “shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained.”10 Del. C. § 8119
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Delaware's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your workplace claim in Delaware. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

Check my case
★ DE · reported workplace outcomes

What Delaware courts have awarded.

Real Delaware decisions and verdicts, each linked to the court record or official report.

  • Savage v. ShopRite
    Delaware Superior Court · 2024
    Partial denial of medical expenses affirmed

    On October 17, 2021, Donald Savage, the seafood manager at ShopRite’s Christina Crossing store, grabbed papers off the lobster tank and his feet flew out from under him. At the emergency room he reported hand, low back and rib pain. The Board awarded some relief but credited the employer’s expert that some claimed treatment was unrelated or overstated, and the court affirmed.

  • Alutech United v. Sammons
    Delaware Superior Court · 2021
    Award for the worker affirmed

    On September 8, 2018, a wall Michael Sammons was cutting fell on him, injuring his head and right shoulder. He kept working and went to the emergency room several times without mentioning the accident. The Board still found the injury work related based on his doctor’s causation opinion, and the court affirmed as supported by substantial evidence.

★ DE · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Delaware.

  1. 1

    Tell every provider the injury happened at work; Sammons’s silence gave the employer an argument.

  2. 2

    Expect the Board to weigh competing doctors; objective tests like MRIs and EMGs can decide it.

  3. 3

    Report the accident to a manager the same day, as Savage did.

★ DE · statute of limitations
2 years from date of injury

10 Del. C. § 8119

★ DE · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Delaware's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Delaware · you are hereModified comparative, 51% bar2 years from date of injury—
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · workplace →
MarylandPure contributory negligence3 years from date of injuryMD · workplace →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · workplace →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · workplace →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · workplace →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · workplace →
IndianaModified comparative, 51% bar2 years from date of injuryIN · workplace →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · workplace →
IdahoModified comparative, 50% bar2 years from date of injuryID · workplace →
★ DE · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of DE
Delaware overview

Fault rule, statute, caps, and key facts for Delaware as a whole.

★ federal frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Delaware's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Delaware. See /methodology, /sources, and /disclaimer.