You have been injured at work, have established your claim, and are receiving wage benefits you deserve under the Delaware workers’ compensation laws. Now what?

It is important to understand that the workers’ compensation system was never designed to provide permanent or even long-term financial support to the injured worker except in very rare cases of permanent catastrophic injury. It is a system meant to temporarily aid injured workers while they recover and get back on their feet. This particularly applies to wage benefits, both Temporary Total Disability and Temporary Partial Disability. If you receive these benefits, you should expect that at some point during your case the insurance carrier may challenge your entitlement to continue receiving these payments. Your attorney will, of course, do everything possible to defend your right to keep receiving these wages, but often our clients are surprised at how difficult this can be.

Injured workers sometimes find themselves unable to return to their previous employers, or, sometimes even to their previous occupations due to permanent or long-term medical restrictions. If your doctor indicates that you may be in this situation, you should begin considering your future employment and financial options as soon as possible. With only extremely rare exceptions, the workers’ compensation system will only consider your physical ability to work, not the actual availability of jobs when determining your right to receive wages. In other words, any work your doctor medically releases you to do, you are expected to do.

Once your doctor releases you for any type of work duties, the system expects you to diligently seek employment suitable for your restrictions, either with your previous employer or elsewhere. Whether it is the same as your previous occupation, experience, preference and/or income level is not considered. (Note: If you end up in a lower paying position due to medical restrictions you may qualify for Temporary Partial Benefits to help make up the lost income. Note though, that this benefit expires after you receive 300 weeks of Temporary Partial wages per injury.)

So what do you do when you suspect you may not be able to return to your previous job or occupation? You need to begin planning for the future. Clients who have been advised by their doctor that they are disabled from working at all should investigate applying for Social Security Disability or other applicable government programs as soon as possible. These programs may have time limits for applying that begin when you stop working, so do not delay if you feel it may be appropriate for you.

Clients who end up with permanent modified duty restrictions (i.e. lifting restrictions, sedentary duty only, etc.) need to consider what types of jobs they can do from now on and should pursue training if needed. The Division of Vocational rehabilitation may be able to assist you in identifying and retraining for another line of work. We strongly recommend that our clients make use of this free, state run program when applicable. (Please ask your paralegal for contact information). You should also consider private vocational courses or adult continuing education programs when a new career is indicated. Your local community college is a good place to look for ideas.

Please remember that every case is different, and your attorney can advise you on which benefits apply to your case. Our job is to ensure that you receive everything you are entitled to under the law, but you will be to be proactive in determining what comes after your workers’ compensation case. You are in charge of your future!