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Delaware state flag Delaware Workers' Compensation Requirements

Required from your 1st employee

At a glance

1st
employee threshold (general)
1
construction threshold
Private market
buy from any carrier
DE Department of Labor - Industrial Affairs
official source (verified 2026-09-08)

The details

1+ employees; coverage must begin BEFORE any employee starts work.

FAQ

Do I need workers' compensation in Delaware?

Yes — Delaware requires coverage as soon as you hire your first employee (full-time or part-time).

What about construction businesses in Delaware?

Construction businesses follow the same 1 threshold. See details below for industry nuances.

What if I don't carry required coverage in Delaware?

Penalties vary by state and can include per-employee per-day fines, stop-work orders, and personal liability for injury claims. Check the official source below for Delaware's current enforcement posture.

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Official source: DE Department of Labor - Industrial Affairs · Verified 2026-09-08 (official) · Compare all states · Construction rules · Farm rules