Workers’ Compensation Benefits: Overview

Q: What is Delaware Workers’ Compensation?

A: Workers’ Compensation is a system created by the Delaware Legislature providing benefits to workers who are injured or who contract an occupational disease while working. The benefits include payment of medical care, temporary disability payments and compensation for a resulting permanent impairment. In the event of a death of an injured workers, benefits are payable to the family of the worker. Sometimes benefits are paid voluntarily by the workers’ compensation insurance carrier, however, this is not always the case and it may become necessary to petition the Office of Workers’ Compensation for relief.

Q: I was injured on the job. What should I do?

A: Report your injury immediately to your employer, preferably in writing. Failure to give notice or to accept medical services may deprive you of the right to compensation. You are entitled to be represented by an attorney if you are injured at work. Seek medical attention immediately or as soon as possible after you are injured. Don't assume that your employer will look out for you.
Don't sign anything that you do not understand. You could be giving up your future rights.

Q: What Worker’s Compensation medical benefits are available for me?

A: Worker’s Compensation provides for a menu of benefits for the injured consumer. First and foremost is the medical expense pay. You’re entitled to have your reasonable and necessary medical expenses paid by the Worker’s Compensation insurance company, as long as those bills are related to the work injury. There is no time limit or monetary limit to these benefits, so long as the claim is promptly established. You are entitled to treat with your own doctor.

Q: I’m out of work now. What wage benefits can I expect?

A: Worker’s Compensation pays a lost wage benefit called total disability which is 2/3rds of your average weekly wage. However, to secure this benefit, your doctor will need to fill out the appropriate forms indicating you are on a no work status.

Q: If I’m released to go back to work part-time, will Worker’s Compensation provide payment for some of the difference?

A: Yes. There is a benefit called temporary partial disability, which is a loss of earning capacity benefit. We’ll look at your pre and post injury wages to secure maximum benefits.

Q: Can I receive a lump sum benefit for my workers compensation?

A: Yes, click here to learn more about lump sum payments.

Q: What if my employer denies medical services and/or disability wage benefits?

A: In this case, you should contact an attorney immediately so that a petition can be filed for workers’ compensation due. The Office of Workers’ Compensation will not provide an attorney for you. Often, our attorneys are able to successfully negotiate the claim without the need for a hearing.

Q: Can an employer take action against a worker for filing a claim?

A: The workers’ compensation statute prohibits the employer for firing, or in any other manner, discriminating against an employee who has claimed or attempted to claim workers’ compensation benefits or because he or she has testified or is about to testify in a workers’ compensation claim.

Q: Can an employee sue their employer?

A: The workers’ compensation statute prohibits the employee from suing their employer.

Q: What benefits are available in a workers’ compensation claim?

1. Medical Benefits

2. Temporary Total Disability Benefits (TTD): The benefit amount is 66-2/3rds of the average gross weekly wages being received at the time of the injury, up to a maximum established annually by the Secretary of Labor.

3. Temporary Partial Disability Benefits (PTD): If the employee goes back to work part-time or full-time but at a lower rate than his/her pre-injury wage, the employee may be entitled to two-thirds of the difference between the pre-injury wage and his/her current wage. Partial disability may be received up to 300 weeks.

4. Permanent Impairment Benefits: When a job related injury or illness results in a permanent partial disability, benefits are based upon a percentage of a certain “scheduled or non-scheduled” permanent loss. Such permanency must be established through examination and report from a physician. The insurance company will likely also arrange for an examination of the employee by a physician of their choice to evaluate a permanency claim.

5. Disfigurement Benefits: An employee may file a Petition for Disfigurement one year post-accident/surgery for any scar, burn, or amputation related to a work accident. Disfigurement is paid out in a number of weeks with a limit of 150 weeks and depends on the severity of the scar.

6. Death Benefits: When a job-related accident or illness results in the worker’s death, benefits are payable to the dependants of the worker as defined by law. The weekly benefits payable are based upon the number of dependants, but the maximum total benefits payable to all of the worker’s dependants cannot exceed 80% of the maximum rate established by the Secretary of Labor. Children deemed to be dependants remain so until the age of 18 years, or 25 years if a full-time student. If a child is physically or mentally disabled, he or she may be eligible for further benefits. The employer or its insurance carrier is responsible to pay up to $3,500.00 in funeral expenses for a job related death.

Q: Can I do my Worker’s Compensation claim on my own without an attorney?

A: A consumer may handle their case without an attorney, but it is often a bad idea to do so. You’ll be dealing with an insurance company and a highly trained adjuster whose job is to look after their interests, not yours. Trust us to work along with you and your family to secure the maximum benefits available to you.

Q: Will I have to pay legal fees to you out of pocket?

A: Our office typically handles Worker’s Compensation matters on a contingency basis, which means there is no fee unless we collect for you. Costs, however, will have to be paid regardless of the outcome of your case. Your attorney will explain the ramifications of this during your initial consultation.

We have offices statewide to serve you. Contact us today for a free consultation.