Can I claim workers’ compensation in Delaware if I work from home?

On Behalf of | Apr 22, 2026 | Workers' Compensation |

Remote work may have changed where you do your work but it has not changed your rights. In fact, many remote workers assume that workers’ compensation only applies in a traditional office. However, if you injure yourself while performing your job duties at home, you may still qualify for benefits. Here is what you need to know.

Two requirements to qualify for workers compensation

Before filing a claim, knowing what makes an injury eligible is key. In Delaware, a home injury must meet two requirements to qualify for workers’ compensation:

  • It has to arise out of employment: This means your injury must directly connect to a task or condition related to your job, such as tripping over a work cable while setting up equipment.
  • It has to occur in the course of employment: This means your injury must happen while you actively perform your job duties during your scheduled work hours.

Both conditions must apply for your claim to move forward. That said, meeting these requirements does not guarantee that every home injury qualifies for workers’ compensation. 

Key exceptions you need to consider

That is because certain situations still fall outside workers’ compensation coverage. Workers’ compensation generally still covers minor deviations, such as stepping away to grab a glass of water. However, it typically does not cover injuries that occur during purely personal activities you do at home. If you hurt yourself doing laundry or household chores during your shift, those activities usually fall outside your job duties. Once you have a clear picture of where your injury stands, the next step is protecting your claim with solid evidence.

Key evidence you need to gather

Once you know your injury may qualify, building a strong case becomes your priority. Gathering the right evidence early can make or break your claim. Here are four key types to collect:

  • Proof of employment and time: Save time logs, emails, or chat messages you sent around the time of the injury to show that you were actively on the clock.
  • Scene documentation: Take photographs of the area where the incident occurred, such as a broken office chair or tangled cables, to visually support your account.
  • Witness statements: Ask any family member or roommate who saw the incident to write down what they observed as soon as possible.
  • Medical documentation: Seek medical attention right away and tell your doctor that the injury happened while you were working so your doctor can properly record it.

The stronger your evidence, the better your chances of a successful claim. With solid documentation in place, you can better understand and assert your rights as a remote worker in Delaware.

Your home office is still a workplace

Working from home does not mean working without protection. Delaware law recognizes your home as a legitimate workplace. Your rights as an employee do not disappear because your desk is in your living room. If you suffered an injury while doing your job, you deserve to understand your options. Navigating a claim alone can be difficult, and having the right guidance early can help you make informed decisions every step of the way.