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Failure to pay or late payment of compensable benefits can result in liquidated damages up to the amount of the benefits owed. Upon proper demand a carrier has 30 days to pay all benefits owed. At the expiration of 30 days damages accrue at 10% per day up to 100% of the amount due, plus attorney fees and costs.

How do I file a workers' compensation claim? You must notify your employer in writing immediately of your injury or occupational disease, and request medical attention. The employer must then file a First Report of Injury with the Delaware Office of Workers' Compensation within 10 days.

Workers' Compensation is a system, created by the Delaware Legislature, which provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment.

The statute has two purposes; to provide scheme for assured compensation for work related injuries without regard to fault and to relieve the employees and employers of the burden of civil litigation. Compensable injuries are the exclusive remedy available to the employee, 19 Del. C. § 2304.

Now, the actual statute of limitations are a bit different and offer more time, as they refer to the process of submitting your claim after you have notified your employer. For an injury, you have two years from the date of your accident to submit your claim.

Coverage requirements in Delaware require every business with employees to carry workers' compensation insurance. The only exception is agricultural businesses, but they can still provide coverage for their employees if they desire. If they don't, they can be liable for any work-related injuries.