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Delaware Workers Comp Info

State Exemption available? No

Delaware requires workers compensation coverage if you have 1 or more employees. That includes Part Time or Full Time casual laborers and owners/officers of a corporation. Sole Proprietors DO NOT count as employees, but can still choose to be covered. Officers/Owners of a corporation do count as employees- even if they choose not to cover themselves. In other words, a corporation with 1 owner must carry workers comp.

Delaware also counts employees of your subcontractors- which basically means that if you use subs, you must carry workers comp since it’s impossible to know if/when your subs have employees. Subcontractors may actually count as “statutory employees” of your business if they don’t meet some or all of the following:

  1. The subcontractor has a separate business entity.
  2. They have their own workers comp insurance.
  3. The subcontractor can choose when to come to work.
  4. They provide their own tools and transportation.

If any of these items do not apply, the state may consider them to be employees for workers comp purposes regardless of whether you give them a 1099.

When calculating your Delaware Workers Comp Quotes, keep in mind the following amounts if you choose to include any owners/officers in the coverage. Even if owners don’t draw a paycheck, these are the payroll amounts that will be counted for each owner who wants coverage:

  • $36,400 Minimum and $130,000 Maximum for Sole Proprietors, Partners, and Officers/Members of a Corp or LLC