To get workers comp in Delaware, you buy a policy from any private insurer licensed in the state, usually through an agent who shops several carriers for you. Delaware has no state fund, so the open market is where you start, and if no carrier will voluntarily take you, a guaranteed-issue plan is the backstop so you can still get covered. Most small businesses can be quoted quickly once they have a few basic details ready.
Who this is for: Delaware owners buying coverage for the first time, or anyone who has been turned down and needs a path to a policy.
The short version
- You buy from a private insurer licensed in Delaware, typically through an agent who shops the market.
- Delaware has no state fund, so the competitive market is your first stop.
- If carriers decline you, a guaranteed-issue pool (the assigned risk plan) run by the Delaware Compensation Rating Bureau will cover you.
- Have payroll, job duties, and any past claims ready, since those drive your quote.
- You can usually be covered fast, often within a day for a straightforward business.
The steps to get covered
Buying a policy is more straightforward than owners expect. The main work is gathering a few facts about your business so a carrier can price it, then comparing offers. Here is the usual path.
| Step | What you do | Why it matters |
|---|---|---|
| 1. Gather your details | Payroll by role, what your staff actually do, and any past claims | These drive the price and the job categories |
| 2. Shop the market | Get quotes from several licensed carriers, usually through one agent | Each carrier prices differently, so comparing saves money |
| 3. Bind coverage | Pick an offer and put the policy in force before staff start work | Delaware requires coverage from the first employee |
| 4. Get proof | Ask for a certificate showing the policy is active | Clients and general contractors require it before you start |
| 5. If declined, use the backstop | Go to the guaranteed-issue plan run by the rating bureau | It ensures you can get covered even if the open market says no |
If a carrier turns you down
Some businesses, such as a new roofer with no track record or a company with a rough claims history, get declined on the open market. Delaware plans for that: the Delaware Compensation Rating Bureau runs a guaranteed-issue plan, the market of last resort, that will place you when voluntary carriers will not. A good agent tries the voluntary market first, because it is usually cheaper, and turns to the guaranteed-issue plan only when needed. Being placed there is not permanent; as your record improves, you can often move back to the regular market.
The owner-only situation
If you have no employees but a client demands proof of coverage, you can still get a policy. A sole proprietor or partner can elect coverage on themselves, and a solo owner who mainly needs the certificate can buy a low-payroll policy built around their own pay, sometimes called a ghost policy. That produces the proof a general contractor wants and covers your own on-the-job injuries, which your health plan may not.
A Bear example
Illustrative, not a quote. A Bear consulting firm makes its first two hires and needs coverage before their start date. We gather the payroll and job duties, shop several licensed Delaware carriers, and bind a policy in time, then send the firm a certificate the same day so it can satisfy a client contract. Because the work is low-risk office consulting, the voluntary market takes it easily and the guaranteed-issue backstop is never needed. See our workers comp for consultants page.
Real questions Delaware owners ask
How do I get workers comp in Delaware?
You buy a policy from a private insurer licensed in Delaware, usually through an agent who shops several carriers. Delaware has no state fund, so the open market is where you start, and coverage can often be bound quickly.
What do I need to get a quote?
Have your payroll by role, a clear description of what your staff do, and any past claims ready. Those details drive the price and the job categories, so having them speeds up an accurate quote.
What if no carrier will cover me?
Delaware has a backstop. The Delaware Compensation Rating Bureau runs a guaranteed-issue plan that will place you when voluntary carriers decline, so a rough history or a brand-new business can still get covered.
How fast can I get covered?
Often within a day for a straightforward business once your details are ready. Because Delaware requires coverage from the first employee, it is worth starting a few days before anyone's start date.
I have no employees but a client wants proof. Can I still buy a policy?
Yes. A sole proprietor or partner can elect coverage on themselves and buy a small, low-payroll policy, sometimes called a ghost policy, which produces the certificate the client wants and covers your own injuries.
Is the guaranteed-issue plan permanent?
No. It is a fallback, not a life sentence. As your claims record and time in business improve, you can usually move from the guaranteed-issue plan back to the regular voluntary market at a better price.
Should I just buy the cheapest quote?
Not always. The lowest price can come with the wrong job categories or a carrier that handles claims poorly. Compare the coverage and the carrier, not only the number, so you are not surprised later.
Why Delaware owners choose Morrow
- We shop the right market for you. In Delaware you buy workers' comp on the open, competitive market from any private insurer licensed in the state, because there is no state fund, and if no carrier will take you the DCRB-run assigned risk plan is the guaranteed backstop, so we can shop your rate freely and still have a fallback for hard-to-place work.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related Delaware guides
Every Delaware business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in Delaware (start here)
- Workers comp: the owner's overview
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a partnership: do we need workers comp?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I need it?
- I only employ family: do I need workers comp?
- Remote or out-of-state staff: do I need coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- What is a ghost workers comp policy?
- Hiring your first employee: what changes
- Delaware consultant workers comp
This guide is general information, not legal advice. Delaware rules and penalty amounts can change, so verify current requirements with the Delaware Department of Labor's Office of Workers' Compensation or a licensed advisor before you rely on them. Last updated: July 2026.