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Delaware Disability Benefits

Wilmington Workers’ Compensation Lawyers explain disability benefits. Delaware employers are required to carry Workers’ Compensation Insurance. This insurance covers employees who are injured on the job.

Depending on the nature of the injuries, workers who file a Workers’ Compensation claim will be eligible to receive payments for things like medical expenses and lost work time. However, sometimes workers can receive compensation for disabilities.

Total Disability

According to Delaware Workers’ Compensation, total disability includes severe injuries, like losing a limb, brain damage, and spinal injuries. However, even things like broken bones can be considered a total disability, if they prevent an injured person from working.

Those that are eligible for total disability benefits will receive two-thirds of their average weekly wage, up to the maximum benefit of $689.45. There is no cut off for total disability payments, so the benefits could potentially last a lifetime.

Partial Disability

There are two types of partial disability benefits. The first is temporary partial disability (TPD). This type of benefit is for those that return to work while healing from their injury but do so at a lower wage. TPD benefits are two-thirds of the difference between pre-injury wages and post-injury earnings.

Normally, the benefits continue until one of the following conditions occurs:

  • Employee returns to normal wage
  • The doctor determines the condition will no longer improve with medical treatment
  • 300 weeks of benefits were received

If the treating physician determines that an employee has permanent limitations, but can still work in some capacity, they will be eligible for permanent partial disability (PPD) benefits. Like total disability, PPD also pays two-thirds of the average weekly wage, but will not exceed $689.45.

However, the number of weeks will vary according the schedule of loss, which lists the body part affected and the number of weeks the injured will be paid for this injury. The number of weeks assigned to the loss of function of a body part will vary according to the degree of loss.

For example, Delaware pays benefits for 250 weeks for loss of an arm; however, if the employee still has some use of that arm the weeks of benefit payments will decrease by that percentage.

How to File a Claim

Filing a Workers’ Compensation claim can be stressful for an individual who is facing devastating injuries. This is especially true if the claim is disputed, denied or payments are delayed. Careful attention must be paid to deadlines and providing the Workers’ Compensation Board with required detailed paperwork.

For those facing serious long-term or permanent injuries, it is important to contact a Delaware workplace injury lawyer who can guide a client through the claim process, and work as an advocate to ensure an employee receives all of the compensation they are entitled to.

Wilmington Workers’ Compensation Lawyers at McCann Dillon Jaffe & Lamb, LLC Protect Injured Employees

If you suffer from injuries sustained at work, the experienced Wilmington workplace injury lawyers at McCann Dillon Jaffe & Lamb, LLC can assist those planning to file a Workers’ Compensation claim. Our attorneys will review your case to determine the maximum amount of compensation you are entitled to. Call 302-888-1221 today or complete our online contact form. From our offices in Wilmington and Philadelphia, we represent injured workers in Delaware, Pennsylvania and New Jersey.