What Workers’ Compensation Insurance Requirements Apply in Delaware?

Delaware’s workers’ compensation chapter generally applies when an employer has one or more employees, subject to listed exceptions. Out-of-state employers also need Delaware coverage for licensed-class construction or contracting work, or when employees meet specified in-state work periods.

What Is Workers’ Compensation Insurance?

Workers’ compensation can pay medical care and part of an employee’s lost wages after a work-related injury or illness. If you have staff, check who is covered in each state; owners, contractors and some workers may be treated differently. Read the national Workers’ compensation guide.

Delaware Workers’ Compensation Insurance Requirements

Requirement	Details
Employee threshold	One or more employees, subject to statutory exceptions ¹

What to Watch for With Workers’ Compensation in Delaware

Owners and Farm Labor Have Specific Rules
Sole proprietors and partners are not included unless they elect coverage; executive officers are included, but up to eight stockholder officers or LLC members may be exempted if the company and owners agree in writing. Identify these roles before setting payroll and coverage. ¹
Out-of-State Work Can Trigger Delaware Coverage
A non-Delaware employer’s construction or contracting business triggers this rule if a Delaware employer would need a Title 30, Chapter 25 license; other businesses trigger it when an employee works primarily in the business in Delaware more than five consecutive workdays or more than three five-day workweeks in six months. Ask for a Delaware policy or a written rider providing equivalent coverage. ²
Construction Clients Must Check Subcontractor Coverage
A Delaware construction or contracting business must verify that an out-of-state business it hires is covered when a Delaware employer would need a Title 30, Chapter 25 license for that business. Check the applicable license class and collect current proof of coverage before work begins. ²
A Home-State Policy May Need a Delaware Rider
For the out-of-state work described in the statute, Delaware accepts an actual Delaware policy, a written rider providing equivalent coverage, or qualifying self-insurance. Ask the broker to identify which route applies and confirm the Delaware work is covered. ²

Which Workers’ Compensation Providers Have Delaware License Records?

These providers publish a national listing for Workers’ compensation; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Delaware. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

Corgi
Insurance producer · checked 2026-09-28
Corgi Insurance Services, Inc.
Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. ¹⁰
Corgi lists workers’ compensation insurance.
ERGO NEXT Insurance
Insurance producer · checked 2026-09-28
Next First Insurance Agency, Inc.
ERGO NEXT’s current license table lists Next First Insurance Agency, Inc. in 50 jurisdictions, including Washington, DC; New York is excluded because its table rows name Next Insurance Services and AP Intego, not Next First. The table is company-reported; it does not establish product availability or provide state-regulator verification for each entry. ¹²
ERGO NEXT offers workers’ compensation insurance for small businesses.
Hiscox
Insurer · checked 2026-09-28
Hiscox Insurance Company Inc.
Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. ¹¹
Hiscox provides access to workers’ compensation underwritten by Hartford Fire Insurance Company and requires a general liability policy.
TechInsurance
Insurance producer · checked 2026-09-28
Specialty Program Group LLC
TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. ¹⁴
TechInsurance arranges workers’ compensation insurance for small businesses.
Vouch
Insurance producer, Surplus-lines broker · checked 2026-09-28
Vouch Specialty Insurance Services, LLC
Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. ¹⁵
Vouch lists workers’ compensation among core coverages for technology companies.

Who Regulates Insurance in Delaware?

Delaware Department of Insurance

The Delaware Department of Insurance licenses and regulates insurers and insurance producers, reviews regulated insurance activity, and handles complaints. Its consumer division can help you raise an insurance concern and its services page links to official license searches. ^3,^4,⁵

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: (800) 282-8611

Surplus-Lines Tax and Stamping Office in Delaware

Reported tax rate. 3% of gross premium, less return premium, when Delaware is the home state ^6,⁷

When Delaware is the insured’s home state, its 3% surplus-lines premium tax applies to the entire premium of a multistate policy, less returned premiums and excluding federal and state taxes and examination fees. Ask the surplus-lines broker to confirm the home-state determination and tax calculation, and separately explain how exposures are allocated in the required reports; those allocations do not reduce the premium subject to Delaware’s tax.

Questions to Ask Before You Buy Workers’ Compensation in Delaware

Do any employees meet Delaware’s substantial-work test, including the five-day or three-weeks-in-six-months thresholds?
Does our existing policy include a written Delaware rider that covers these activities as fully as a Delaware policy?
Which owners, officers, partners, or farm workers fall within a statutory exclusion or election in our situation?
What proof of coverage should we collect from out-of-state construction subcontractors before work begins?

Workers’ Compensation Insurance in Delaware: FAQ

Is workers’ compensation required for one employee in Delaware?

Yes, generally. Delaware’s chapter applies to employment in which one or more employees are engaged, but the law lists exceptions for some work and owners. ¹

Does an out-of-state employer need Delaware workers’ compensation coverage?

Sometimes. Construction or contracting businesses in the class that Delaware employers must license under Title 30, Chapter 25 trigger the rule; other businesses trigger it when employees meet specified in-state work periods. Coverage may be through a Delaware policy, an equivalent written rider, or qualifying self-insurance. ²

Sources for Workers’ Compensation Insurance in Delaware

1
Title 19, Chapter 23, Subchapter I: General Provisions. Delaware Code Online; 19 Del. C. §§2306–2308. Accessed 2026-09-28.
2
Title 19, Chapter 23, Subchapter IV: Compulsory Insurance, Self-Insurance and Substitute Compensation Systems. Delaware Code Online; 19 Del. C. §§2371–2372. Accessed 2026-09-28.
3
Delaware Department of Insurance. Delaware Department of Insurance; Official Department homepage and regulatory resources. Accessed 2026-09-28.
4
Services. Delaware Department of Insurance; Department service directory links to the state insurance licensee search. Accessed 2026-09-28.
5
Consumer Services. Delaware Department of Insurance; Complaint filing and consumer assistance; publishes Consumer Services phone. Accessed 2026-09-28.
6
Surplus Lines Bulletin 22. Delaware Department of Insurance; Surplus Lines Bulletin 22 (October 2025; printed day is blank), reproducing 18 Del. C. § 1925: home-state tax treatment, all premium on multistate policy if Delaware is home state, 3% rate, and exclusion of federal/state taxes and examination fees from gross premium. Accessed 2026-09-28.
7
Delaware Code, Title 18, §§1923–1925. Delaware General Assembly; §1923(a)(1),(12) home-state verification and allocation records; §1924(b)(3)–(6) separate premium reporting; §1925(b)–(c) 3% tax, deductions/exclusions and full multistate premium when Delaware is home state. Accessed 2026-09-28.
8
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
9
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
10
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
11
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
12
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
13
Licenses & Disclosures. RiskCube; Property & Casualty Producer/Broker Licenses; February 11, 2026 version. Accessed 2026-09-16.
14
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
15
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

What Workers’ Compensation Insurance Requirements Apply in Delaware?

What Is Workers’ Compensation Insurance?

Delaware Workers’ Compensation Insurance Requirements

What to Watch for With Workers’ Compensation in Delaware

Owners and Farm Labor Have Specific Rules

Out-of-State Work Can Trigger Delaware Coverage

Construction Clients Must Check Subcontractor Coverage

A Home-State Policy May Need a Delaware Rider

Which Workers’ Compensation Providers Have Delaware License Records?

Corgi

ERGO NEXT Insurance

Hiscox

TechInsurance

Vouch