How Much Does Workers' Comp Pay in Delaware?

Quick AnswerDelaware workers’ compensation generally pays Total Temporary Disability (TTD) benefits equal to 66.67% (two-thirds) of your average weekly wage, subject to a statutory maximum and minimum that adjusts annually. The calculation is governed by 19 Del. C. § 2324, and benefits are tax-free under federal law.

If you’ve been hurt at work in Delaware and can’t earn your normal paycheck, the most pressing question is usually: how much will workers’ comp actually pay me, and how is that figure calculated? The answer depends on your average weekly wage in the period before the injury, the type of disability you have, and the statewide cap that applies to your date of injury.

The Detailed Answer

Delaware’s Workers’ Compensation Act, codified at 19 Del. C. §§ 2301-2399, sets the formula for wage-loss benefits. The starting point for nearly every calculation is your average weekly wage (AWW), which generally looks back at your earnings in the 26 weeks before the injury. From that figure, the statute applies different percentages depending on the category of disability.

Total Temporary Disability (TTD)

Under 19 Del. C. § 2324, when you are completely unable to work because of a compensable injury, you may be entitled to TTD benefits at 66.67% of your average weekly wage. These payments continue while the disability is total and temporary, until you are released to work or reach maximum medical improvement.

Temporary Partial Disability (TPD)

If you can work in a reduced capacity but earn less than before, 19 Del. C. § 2325 generally provides 66.67% of the difference between your pre-injury AWW and what you can earn after the injury, capped at the same statewide maximum.

Permanent Impairment Benefits

For lasting impairments, 19 Del. C. § 2326 provides scheduled benefits for specific body parts, paid at 66.67% of the AWW for a set number of weeks based on the impairment rating.

Statutory Maximum and Minimum

Delaware adjusts the maximum and minimum compensation rates annually, tied to the state average weekly wage. Even if your wages are very high, your TTD check is capped at the statewide maximum in effect on your date of injury. Conversely, low-wage workers are protected by a minimum compensation rate.

What This Means for Your Case

Two workers earning the same hourly rate can end up with very different weekly checks because of overtime, bonuses, second jobs, and seasonal pay. Delaware courts have addressed how to handle concurrent employment, irregular hours, and short tenures, and the AWW calculation often becomes a contested issue. Insurance carriers sometimes use a low AWW figure that excludes overtime or bonuses you regularly earned, which can shortchange you for the entire life of the claim.

If your check looks lower than two-thirds of what you actually brought home, ask the carrier for the wage statement they used and compare it line-by-line with your pay records. A Delaware workers’ compensation attorney can review the math and, if appropriate, file a petition with the Industrial Accident Board to correct the AWW.

Common Wage Calculation Mistakes

The single most common error in Delaware workers’ comp wage rates is using too short a look-back period or excluding earnings the worker regularly received. Insurance carriers sometimes calculate the average weekly wage based only on base pay, ignoring overtime, shift differentials, bonuses, commissions, or earnings from a concurrent job that was also affected by the injury. Each of these omissions can shave dollars off every weekly check, and over the life of a long claim that adds up to thousands of dollars.

Another common mistake involves seasonal or part-time workers. If you were hired only weeks before the injury, the carrier may calculate your average weekly wage based on the few weeks you worked, even if your job was full-time and your earnings were on track to be much higher. Delaware case law addresses how to handle short tenures, and a different calculation method may apply.

How to Verify Your Weekly Compensation Rate

You can perform a basic check on your own benefit rate by:

Pulling your last 26 weeks of pay stubs before the injury
Adding up gross earnings, including overtime, bonuses, and shift differentials
Dividing by the number of weeks worked to get an average weekly wage
Multiplying that figure by 0.6667 to get your TTD rate, then comparing it to the statewide maximum and minimum in effect on your date of injury

If the figure you calculate is higher than what the carrier is paying, request a wage statement and ask which weeks were used. The wage statement is the document the carrier relies on, and any errors can usually be traced to that page.

When to Talk to a Delaware Workers’ Comp Lawyer

If you believe your TTD rate is wrong, your benefits stopped without explanation, or the carrier is using an AWW that ignores overtime or a second job, it may be time to consult with a Delaware workers’ compensation attorney. Schuster Jachetti LLP has experience handling wage-rate disputes and Industrial Accident Board hearings statewide. Visit our Workers’ Compensation page, learn more about a denied claim appeal, or read our overview of permanent partial disability benefits and settlement options.

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Reviewed by Joseph M. Jachetti Delaware Bar #003744 · Licensed December 1998 · Status: Active

This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.

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