Delaware Workers' Compensation Insurance
Everything you need to know about workers' comp in Delaware: when it's required, who's exempt, average rates, and how to get coverage in 60 seconds.
When is workers' comp required in Delaware?
Required for any employer with one or more employees.
Sole proprietor & partnership rules
Sole proprietors are exempt unless they elect coverage.
Owner / corporate officer exclusion
Officers/LLC members may be excluded with rejection form.
Delaware-specific notes
Delaware uses its own rating bureau (DCRB) with codes that differ from NCCI.
How much does workers' comp cost in Delaware?
The average workers' comp rate in Delaware is approximately $1.39 per $100 of payroll. Your actual rate depends on your industry class code, claims history, payroll size, and carrier.
Example: a Delaware business with $100,000 in payroll at the state average rate would pay approximately $1,390 per year. A clerical-only business (class code 8810) would pay much less; a roofing contractor (5551) would pay much more.
Want an exact rate for your business?
Class code rates vary widely. Get a free quote and we'll look up your exact Delaware rate for your industry.
Get My Delaware Quote →Delaware workers' comp by industry
Industry-specific rates, common class codes, and requirements for Delaware businesses:
Frequently asked — Delaware workers' comp
Do I need workers' comp if I have only one employee in Delaware?
Yes — Delaware requires workers' comp coverage starting with one employee.
Are 1099 contractors covered under my Delaware workers' comp policy?
Generally no — true independent contractors are not employees and not covered. However, Delaware (like most states) applies an "ABC test" or similar to determine if a 1099 worker is actually a misclassified employee. If they're misclassified, you may owe back premium and penalties. Many general contractors require their 1099 subs to carry their own workers' comp.
Can I get pay-as-you-go workers' comp in Delaware?
Yes — most major carriers offer pay-as-you-go workers' comp in Delaware, with premium based on actual payroll each pay period instead of a large upfront deposit.
What if I'm being audited by my Delaware workers' comp carrier?
Workers' comp audits often result in additional premium owed because of misclassified employees, missed payroll, or wrong class codes. We offer free audit reviews and can dispute incorrect classifications with your carrier. In many cases we save clients thousands.