# Delaware contractor insurance requirements

> What Delaware law says about workers' comp, contractor license insurance and indemnity clauses, and what to check on a contractor COI for a project there.

Reviewed Oct 28, 2026 by Forsured. Source: https://forsured.ai/coi-requirements/delaware/

## The short version

- Workers' comp required at: 1 employee
- License insurance minimum: No statewide minimum
- Anti-indemnity statute voids: Own negligence, even in part

## Workers' comp in Delaware

Delaware employers with one or more employees must carry workers' comp. Sole proprietors and partners don't have to cover themselves unless they choose to.

Agency: [Delaware Office of Workers' Compensation](https://industrialaffairs.delaware.gov/workers-compensation-v1?hsLang=en-us)

## Contractor licensing and insurance

We found no statewide general liability minimum tied to a general contractor license. Cities and counties can set their own licensing and insurance rules, so check where the project is.

## Indemnity and additional insured clauses

Delaware's anti-indemnity statute (Del. Code Ann. tit. 6, § 2704) voids construction contract clauses that make a contractor indemnify another party for that party's own negligence, even in part. Clauses limited to the contractor's own share of fault generally hold up.

## What to check on a contractor COI for a Delaware project

1. **Workers' comp.** Nearly every contractor with employees needs it in Delaware. A contractor with a crew and no workers' comp on its COI is a gap. For an out-of-state contractor, confirm Delaware is listed on the workers' comp policy.
2. **General liability.** Delaware doesn't set a statewide floor for a general contractor license, so your project requirements set the bar. Compare each limit on the COI with what the contract asks for.
3. **Additional insured.** The endorsement is a separate promise from the indemnity clause, so check both. Ask for the endorsement itself, not just a box ticked on the certificate.
4. **Dates.** Every policy should run through the end of the job. A COI only shows coverage on the day it was issued, so check again at each renewal.

## Common questions

### Do contractors need workers' comp in Delaware?

Delaware employers with one or more employees must carry workers' comp. Sole proprietors and partners don't have to cover themselves unless they choose to.

### Does Delaware require contractors to carry general liability insurance?

We found no statewide general liability minimum tied to a general contractor license. Cities and counties can set their own licensing and insurance rules, so check where the project is.

### Can a Delaware construction contract make a contractor cover another party's negligence?

Delaware's anti-indemnity statute (Del. Code Ann. tit. 6, § 2704) voids construction contract clauses that make a contractor indemnify another party for that party's own negligence, even in part. Clauses limited to the contractor's own share of fault generally hold up.

## Sources

1. [Delaware workers' comp requirements](https://onpay.com/insights/workers-comp-requirements-by-state/delaware/), OnPay, May 2026
2. [Anti-Indemnity Statutes in All 50 States (2023)](https://grsm.com/wp-content/uploads/2023/10/Anti-Indemnity-Statutes-2023.pdf), Gordon Rees Scully Mansukhani, 2023
3. [State Workers' Compensation Officials](https://www.dol.gov/agencies/owcp/wc), U.S. Department of Labor

General information, not legal advice. Confirm with the state agency, your broker or your attorney.

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