If your only staff in Delaware are part-time or seasonal, you still need workers compensation insurance. Delaware attaches the requirement to your first employee and sets no minimum hours and no minimum headcount, so a single part-time or seasonal hire makes coverage mandatory. Keeping people part-time does not get you out of the rule.
Who this is for: Delaware owners whose staff are all part-time, seasonal, or occasional, such as retail shops, cafes, and seasonal service businesses.
The short version
- Part-time, seasonal, and occasional workers all count as employees in Delaware.
- Coverage is required from the first one, with no minimum hours and no headcount trigger.
- There is no exception for a business that is only open part of the year.
- The narrow in-home carve-out is for a domestic or casual worker who earns under 750 dollars in cash from one home in any three-month period.
- Your premium is based on actual payroll, so a small part-time crew usually means a smaller premium, not no policy.
Why part-time still counts
Delaware's Workers' Compensation Law does not scale the requirement to hours. An employee is an employee whether they work 40 hours a week or 4, so a part-time cashier or a seasonal helper is covered exactly like a full-timer. There is also no exception for a seasonal business that only operates a few months a year: during the months you have staff, you need coverage. The one place a dollar figure changes the answer is an in-home domestic or casual worker, who is excluded only if they earn under 750 dollars in cash from a single household in any three-month period.
| Worker | Counts toward the mandate? | Notes |
|---|---|---|
| Part-time employee | Yes | No minimum hours; covered from day one |
| Seasonal or holiday worker | Yes | Covered during the months they work |
| Occasional or on-call worker | Yes | Still an employee unless the work is truly casual and outside your regular business |
| In-home worker under 750 dollars a quarter | No | Only the narrow domestic or casual carve-out in a private home |
| Owner with no other staff | Depends on business type | Sole proprietor and partner out by default; corporate officers and LLC members in by default |
What it costs for a small crew
The good news is that a part-time crew usually costs less to insure, not the same as a full staff. Workers comp is priced on your actual payroll, so a shop with three part-timers pays on that smaller payroll, and many carriers audit at year end and adjust if your hours ran lower than expected. That means the answer to a part-time business is almost never to skip coverage; it is to buy a policy sized to the payroll you actually run.
Why skipping it backfires
Treating part-timers as too small to insure is a costly bet. If a seasonal hire is hurt and you have no policy, Delaware can charge triple the premium you avoided plus daily fines, and an injured worker can sue the business directly because you lost the protection comp normally provides. For a small retailer or cafe, one uninsured injury can cost far more than a season of premium.
A Newark example
Illustrative, not a quote. A Newark gift shop runs on two part-time clerks for most of the year and adds three seasonal hires for the holidays. The owner assumed part-timers did not count, but in Delaware they do from the first one, so she needs a policy year-round and simply adds the seasonal staff to it for the busy months. Her premium is based on the actual part-time and seasonal payroll, so it stays modest, and when a holiday hire slips on an icy step the claim is covered. See our workers comp for retail stores page.
Real questions Delaware owners ask
Do part-time employees need workers comp in Delaware?
Yes. Delaware counts part-time workers from the first one, with no minimum hours and no headcount trigger. A single part-time hire makes a policy mandatory, the same as a full-time employee.
I only run seasonally. Do I still need it?
Yes, during the months you have staff. Delaware has no exception for a seasonal business, so while your seasonal or holiday workers are on the job they must be covered.
Is there any hours threshold before coverage kicks in?
Not for a regular employee. The only dollar line is for an in-home domestic or casual worker, who is excluded only if they earn under 750 dollars in cash from one household in any three-month period.
Will a small part-time crew cost a lot to insure?
Usually not. Workers comp is priced on your actual payroll, so a few part-timers means a smaller premium, and carriers often audit at year end and adjust down if your hours ran lower than expected.
Do occasional or on-call workers count?
Generally yes. An occasional or on-call worker is still an employee unless the work is truly casual and outside your regular trade. Someone helping with your normal business is covered.
What if I just do not buy it for a few part-timers?
Delaware can charge triple the premium you avoided plus daily fines, and an injured worker can sue you directly. One uninsured injury usually costs far more than a season of premium.
Do I have to cover myself if my only staff are part-time?
That depends on your business type, not the hours. A sole proprietor or partner is off by default and can opt in, while corporate officers and LLC members are on by default. Your part-time staff must be covered either way.
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?
- 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?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- Hiring your first employee: what changes
- What workers comp does not cover
- Delaware retail 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.