LOCAL RULES

Delaware incident report requirements

Your Delaware incident report has 7 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • A record of every work injury
  • Any injury: the written report to the Department within 10 days
  • The employee's copy of the report, with the summary of the law
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Delaware employers follow federal OSHA recordkeeping and add the Workers' Compensation Act's own record and report (19 Del. C. 2313): every work injury is recorded and reported to the Department of Labor within 10 days, with a copy to the employee. Here is each Delaware rule with a link to the Delaware Code, and what a Delaware incident report should record.

Last reviewed October 15, 2026 against the official sources listed below.

Incident reportDELAWARE / SAMPLE

Sample notes, 140 words

Company: Northgate Fabrication
Site: 1840 Industrial Pkwy, shipping dock 2
Date: 10/08/2026, about 2:15pm
Injured: Luis Romero, material handler, warehouse crew
Supervisor: Tom Reilly
...
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7 Delaware rules on your checklist, including a record of every work injury.

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  • NeededType of incident
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Company or organizationNorthgate Fabrication
Site address or location1840 Industrial Pkwy, shipping dock 2
Date of the incidentOct 8, 2026
Employee or person involved (full name)Luis Romero, material handler, warehouse crew
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What Delaware requires

  • Every employer under the Workers' Compensation Act keeps a record of all injuries, fatal or otherwise, that employees receive in the course of their employment19 Del. C. 2313 (a)
  • Within 10 days after learning of an accident resulting in personal injury, the employer makes a written report to the Department of Labor, in duplicate, on the Department's forms, with no minimum lost time or treatment19 Del. C. 2313 (a)
  • The employer gives the employee a copy of the report when it is completed, and the employee's copy carries the Department's summary of the law19 Del. C. 2313 (a), (b)
  • The report gives the name and nature of the employer's business, the location of the establishment or place of work, the injured employee's name, age, sex and occupation, and the time, nature and cause of the injury19 Del. C. 2313 (b)
  • When the injured employee's disability ends, the employer makes a supplemental report to the Department19 Del. C. 2313 (a)
  • An employer that refuses or neglects to make a required report is fined 100 to 250 dollars for each offense, assessed by the Industrial Accident Board after notice and a hearing; the fine can fall on the insurance carrier when the carrier refused to report an injury it knew of and the employer did not19 Del. C. 2313 (c)
  • The reports are not evidence against the employer in any proceeding and are only for the Department's information19 Del. C. 2313 (d)
  • Unless the employer knew of the injury, no compensation is due until the employee, or someone on their behalf, gives the employer notice; notice is due within 90 days after the accident19 Del. C. 2341

Every injury, recorded and reported

Keep a record of every injury employees receive at work, fatal or not. Within 10 days after you learn of an accident that caused an injury, send the Department of Labor a written report on its forms. Delaware sets no minimum lost time or treatment, so even a minor injury is reported.

What the report contains

The report names your business and its nature, the location of the establishment or place of work, and the employee's name, age, sex and occupation. It states the time, nature and cause of the injury.

The employee's copy and the supplemental report

Give the employee a copy of the report once it is complete; their copy carries the Department's summary of the law. When the employee's disability ends, send the Department a supplemental report.

Penalty, evidence and notice

Each report you refuse or neglect to make can bring a fine of 100 to 250 dollars from the Industrial Accident Board. The reports are for the Department's information and are not evidence against you. Employees have 90 days after the accident to give notice, unless you already knew of the injury.

From field notes to a finished Delaware report

Note the time, nature and cause of the injury, the place of work, and the employee's occupation. ReportDraft writes the incident up and keeps fields for the nature of your business, the report date, the employee's copy and the supplemental report.

Common mistakes

  • Not reporting a minor injury because no time was lost.
  • Not giving the employee a copy of the report.
  • Forgetting the supplemental report when the employee returns.
  • Leaving the cause of the injury out.
  • Keeping no record of injuries that were never reported.

Sources

Last reviewed October 15, 2026. Next review due January 15, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.