Workers' Comp for Janitorial in Delaware (2026)

How workers' comp works for janitorial in Delaware

Delaware is a small but commercially active market with a unique rating structure: the Delaware Compensation Rating Bureau (DCRB) — not NCCI — files loss costs and residual market rates for the state. Delaware adopts NCCI class codes (including 9014) but sets its own experience rating tables and benefit parameters. All employers with one or more employees must carry coverage through a licensed private carrier or qualify as a self-insurer. The Industrial Accident Board (IAB) adjudicates all disputed claims. Delaware's maximum weekly benefit is moderate compared to neighboring Connecticut and New York, making it a cost-competitive market for janitorial operations.

Class code and rate (2026)

• Code 9014 — Janitorial Services by Contractors, No Window Cleaning Above Ground Level & Drivers. DCRB filed updated loss costs effective December 1, 2025 (selected provisions effective 6/1/2026). Indicative market rate: approximately $2.10/$100 payroll. Confirm current Delaware-specific loss cost directly with DCRB (dcrb.com).
• Code 9170 — Janitorial with above-ground window cleaning. Separately rated; higher loss cost.

Indemnity benefits (Delaware 2026)

• Max weekly TTD/PTD/death: $950.26 (effective 7/1/2026 per DCRB actuarial exhibit; = 2/3 of Delaware state average weekly wage of $1,425.39; 19 Del. C. §2302).
• Min weekly TTD: $316.75 (effective 7/1/2026; = 2/9 of SAWW).
• Waiting period: 3 calendar days (19 Del. C. §2321); first 3 days are compensated if the employee misses 7 or more total days.
• PPD scheduled benefits paid at 66.67% of average weekly wage per the Delaware injury schedule (19 Del. C. §2326); disfigurement up to 150 weeks.

Coverage thresholds and exemptions

• Mandatory from first employee — no employee-count threshold (19 Del. C. §2371).
• Excluded: spouse and minor children of farm employers (if not named in policy endorsement), casual employees not in the regular course of business, and home-based piece workers (19 Del. C. §2301(10)).
• Contractors must verify insurance for all subcontractors or they become liable for subcontractor employees (19 Del. C. §2311).

Failure-to-insure penalty

Under 19 Del. C. §2371 and the Office of Workers' Compensation Enforcement, uninsured employers face fines up to $10,000, a stop-work order, and personal liability for all medical and wage-loss benefits owed to any injured employee. Delaware's enforcement office (industrialaffairs.delaware.gov) actively investigates uninsured employers and can refer cases for criminal prosecution.

Cost drivers specific to janitorial in Delaware

• Top injuries (BLS NAICS 561720): slips/falls, back strains, chemical exposure — standard janitorial profile elevated somewhat by Delaware's concentration of large commercial office buildings and hospital complexes in Wilmington and Dover.
• Delaware's $950.26 weekly maximum (7/1/2026) is low relative to neighboring states, capping TTD severity favorably for employers.
• Bid-math note: at ~$2.10/$100, load WC at approximately 2.1% of gross wages in Delaware bids. DCRB files its own experience rating tables — confirm EMR eligibility threshold with your carrier.

Primary sources

• Delaware Office of Workers' Compensation Enforcement
• DCRB Rating Values List (Loss Costs)
• DCRB 2026 Benefit Calculation Exhibit (Effective 7/1/2026)
• NCCI Class Code Lookup
• BLS NAICS 561720 Injury Data