If you employ someone who works in Delaware, remote or not, you generally need Delaware workers compensation coverage for them. Delaware requires an employer with staff working in the state to secure Delaware coverage, and a worker at a kitchen table in Delaware counts the same as one in an office. Where the worker sits, more than where your company is based, drives which state's coverage you need.
Who this is for: Delaware owners with remote or traveling staff, and out-of-state companies that employ someone living or working in Delaware.
The short version
- A remote employee based in Delaware generally needs Delaware coverage, even if your company is elsewhere.
- An out-of-state employer with a Delaware worker must secure Delaware coverage on the policy.
- Delaware lets you do that with a Delaware policy or by adding Delaware to an out-of-state policy so it covers the Delaware work fully.
- A Delaware employer with a worker in another state usually needs that other state added too.
- Home-office injuries can still be work injuries, so remote does not mean uncovered.
Which state's coverage a remote worker needs
Workers comp follows the work, not the head office. A software firm headquartered out of state that hires a developer working from home in Delaware generally needs Delaware coverage for that developer, because the work is performed in Delaware. Delaware's law gives an out-of-state employer a few ways to meet this: hold an actual Delaware workers comp policy, add a written rider so an out-of-state policy covers the Delaware work as fully as a Delaware policy would, or qualify as an approved self-insurer under Delaware standards. The goal is the same in each case, that the Delaware work is genuinely covered.
| Setup | Where coverage is needed | What to do |
|---|---|---|
| Delaware company, employee works in Delaware | Delaware | Standard Delaware policy |
| Out-of-state company, remote employee in Delaware | Delaware | Add Delaware to the policy or write a Delaware policy so the Delaware work is fully covered |
| Delaware company, employee works in another state | The other state | Add that state to the policy; rules vary by state |
| Employee splits time across state lines | Often more than one | List each state where work is regularly performed; we help sort it out |
Home-office injuries are still work injuries
Owners sometimes assume a remote worker cannot have a comp claim. They can. An injury that happens in the course of the work, such as a repetitive-strain injury at a home desk or a fall while doing a work task at home, can be a covered claim. That is a reason to have the right state on the policy, not a reason to skip coverage. Making sure Delaware is listed for your Delaware-based staff keeps those claims inside the comp system instead of turning into a dispute.
Getting the states right
The practical work is making sure every state where your people actually work appears on the policy. Add a state when you hire someone who will work there, and tell us before a worker relocates, because a move can change which state's coverage applies. For a small team spread across state lines, one policy that lists each working state is usually cleaner than discovering a gap after an injury.
A Delaware tech example
Illustrative, not a quote. A software company based in another state hires a full-time developer who works from home in Wilmington. Because the developer performs the work in Delaware, the company needs Delaware coverage for her, which it arranges by adding Delaware to its policy so the Delaware work is fully covered. When she strains her wrist at her home desk and files a claim, coverage is in place because Delaware was listed. We review where every remote teammate works so no state is missing. See our workers comp for technology firms page.
Real questions Delaware owners ask
Do I need Delaware workers comp for a remote employee here?
Generally yes. If the employee performs the work in Delaware, the work is in Delaware even if your company is elsewhere, so you need Delaware coverage for that worker.
I run an out-of-state company with one worker in Delaware. What do I do?
Secure Delaware coverage for that worker. Delaware lets you either write a Delaware policy or add Delaware to your existing policy with a rider so the Delaware work is covered as fully as a Delaware policy would.
My Delaware company hired someone who works in another state. Now what?
You usually need that other state added to your policy, because coverage follows where the work is performed. Rules vary by state, so tell us the location and we will make sure it is listed.
Can a home-office injury really be a workers comp claim?
Yes. An injury that happens while doing your job, such as a repetitive-strain injury or a fall during a work task at home, can be covered. Remote work does not remove the claim, so the right state needs to be on the policy.
What if a worker splits time between states?
Then more than one state may need to be on the policy. List each state where the person regularly works. We help sort out which states apply when someone crosses state lines.
Does adding Delaware to my policy cost a lot?
It depends on the payroll in Delaware and the kind of work, not on adding the state itself. You are rated on the Delaware payroll you report, so the cost tracks the work actually done here.
What happens if I skip Delaware coverage for a Delaware worker?
You risk the same penalties as any uninsured employer, including triple the premium you avoided and daily fines, plus a claim you may have to pay yourself. Listing Delaware up front avoids that gap.
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?
- 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 tech 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.