Category Archives: Workers Compensation Law

Delaware Workers Compensation Benefits & Lawyer Referral

Being hurt or injured in the workplace or on the job site can be very overwhelming in the beginning. There are many issues to be dealt with such as how will you make up for lost wages, who is responsible for your injuries and how long will your recovery take. You may also have concerns regarding medical benefits and who will pay for them. You may also want to know what doctor(s) or healthcare providers can you see and can you choose them yourself.

Picture of Workers Compensation Form

Time for Paperwork!

Delaware Workers Compensation Medical Benefits

There are basic rules that apply to all Delaware employers regarding Workers Compensation Benefits. For instance, all Delaware employers with at least 1 employee has to have workers compensation insurance. This is to offer protection and benefits to anyone injured in the workplace or anyone who is exposed to an occupational disease. Also, Injured workers in Delaware are also allowed to see a healthcare provider of their choosing. However you may also have to undergo a medical examination  by a doctor your employer chooses. In terms of any healthcare related expenses your employer is responsible for those costs as long as the injury is work related and prevent you from effectively doing your job. Lastly, per Delaware Workers Compensation Law if you are hurt or injured on the job you must notify your employer immediately. If you do not you are at risk of being denied medical benefits coverage.

Common Types Of Medical Benefits Covered Under Delaware Law:

* Surgeries
* Doctor Visits
* Medications
* Psychological Counseling
* Physical Therapy
* Diagnostic Tests/X-Rays

Other Benefits Awarded In Delaware Workers Comp Claims

Temporary Total Disability Benefits

If there is lost time which extends beyond three days due to the injury, temporary total disability benefits become payable starting with the fourth day lost. If, however, the disability extends to seven days, the full disability period becomes compensable and no waiting period applies. The benefit amount is 66⅔ percent of gross weekly wages received at the time of the injury, up to a maximum established annually by the secretary of labor.

Temporary Partial Benefits

If the employee goes back to work part-time or at a lower rate than his/her pre-injury wage, the employee may be entitled to ⅔ of the difference between the pre-injury wage and his/her current wage. Partial disability may be received up to 300 weeks.

Permanent Impairment Benefits

When a job-related injury or illness results in a permanent partial disability, benefits are based upon a percentage of certain “scheduled” or “nonscheduled” losses. A “scheduled” loss is one involving arms, hands, fingers, legs, feet, toes, eyes, and ears. A “nonscheduled” loss is one involving the back, heart, lungs, etc.

Disfigurement Benefits

An employee may file a petition for disfigurement one year post accident/surgery for any scar, burn, or amputation related to the work accident. Disfigurement is paid out in a number of weeks up to 150 weeks, depending on the severity of the scar.

Death Benefits

When a job-related accident or illness results in the workers’ death, benefits are payable to the dependents of the worker as defined by the law. The weekly benefit payments are based upon the number of dependents, but the maximum total benefit payable to all of the worker’s dependents cannot exceed 80% of the maximum rate established by the secretary of labor.

Children who are deemed to be dependents remain so until the age of 18 years or if a full-time student until the age of 25 years. If a child is physically or mentally disabled he/she may be eligible for further benefits. The employer or its insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death.

Contact A Delaware Workplace Injury Lawyer

If you have sustained a work related or workplace injury call or contact Rahaim & Saints in Wilmington Delaware. They can be reached at 302 892 9200. Attorney Sheldon S. Saints is a skilled Delaware Trial Attorney. Should a settlement not be reached they are more than willing to take your case to trial. They will do their best to get you the compensation, benefits and medical treatment for your injuries.