Delaware workers’ comp and subcontractor insurance requirements
What general contractors, property managers and other businesses hiring subcontractors in Delaware need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.
Delaware at a glance
| Who must carry workers’ comp | Employers with 1 or more employees. |
|---|---|
| Where coverage comes from | Private insurers, plus self-insurance where approved |
| Regulator | Delaware Division of Industrial Affairs, Office of Workers’ Compensation |
Are you liable for an uninsured sub in Delaware?
Many states make a hiring contractor responsible for an uninsured subcontractor’s injured workers. Ask the Delaware Division of Industrial Affairs, Office of Workers’ Compensation or an attorney how that works in Delaware.
Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.
What to collect from subcontractors in Delaware
- A certificate of insurance, usually an ACORD 25, showing GL, auto, umbrella and workers’ comp.
- Exemption paperwork for sole proprietors or officers who claim they don’t need workers’ comp under Delaware rules.
- Additional insured and waiver of subrogation endorsements for higher-risk trades. See waiver of subrogation on workers’ comp.
- A renewal certificate before each policy expires. See COI expiration.
Common contract minimums
These aren’t set by Delaware law. They’re typical subcontract requirements that you can adjust by trade and project size.
| Coverage | Typical minimum |
|---|---|
| General liability | $1M each occurrence / $2M aggregate, additional insured, primary and non-contributory |
| Auto liability | $1M combined single limit |
| Umbrella / excess | $1M–$5M+, by trade risk and project size |
| Workers’ comp / employers’ liability | Statutory / $500K–$1M each, waiver of subrogation |
Generate requirements by trade with the subcontractor insurance requirements generator.
Frequently asked questions
Is workers’ comp required in Delaware?
Employers with 1 or more employees. Confirm details with the Delaware Division of Industrial Affairs, Office of Workers’ Compensation.
Is a general contractor liable for an uninsured subcontractor in Delaware?
Many states make a hiring contractor responsible for an uninsured sub’s injured workers, and your workers’ comp auditor may also charge you for that sub’s payroll. Ask the Delaware Division of Industrial Affairs, Office of Workers’ Compensation or an attorney how Delaware handles it.
What insurance should I require from subcontractors in Delaware?
State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.
General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the Delaware Division of Industrial Affairs, Office of Workers’ Compensation or a licensed professional.
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