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DE Workers' Compensation Partial Disability Lawyers

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December 20, 2015

Workers’ Compensation Partial Disability Benefits Help Maintain Position And Provide Support During Recovery From Workplace Injury

If you are injured while on the job and are not able to return to your previous level of work immediately, you may be worried about maintaining your income. While this may be especially true for those who make hourly wages, it can be an issue for any employee.

Some workers who experience on-the-job injuries are able to work but not at the same level or in the same capacity during their recovery period. These employees may not want to leave the job entirely, but they need a way to continue to earn their typical salary or some portion of it. Employers may want to retain the employee but cannot be expected to pay for work that is not being done. Temporary partial disability benefits exist to help bridge this gap.

What Is Temporary Partial Disability?

Temporary partial disability benefits are paid to employees who can return to work in some capacity but are unable to perform usual tasks due to the injury. In these situations, employees are able to work in a position that makes a lower wage. Here is a brief overview of temporary partial disability:

  • Workers can receive two-thirds of the difference between the current, lower wage and the previous, higher-paying wage.
  • The amount is limited by the state-mandated maximums. In Delaware, workers’ compensation weekly benefits are capped at $679.63.
  • Benefits can continue in this manner for up to 300 weeks. However, if total disability benefits were previously received for the injury, that time taken will be subtracted from the 300 weeks.
  • Medical expenses to treat the injury are also covered.
  • Employers expect the employee to make a full recovery and return to normal duties after a period of time.

While some employers are proactive in offering disability benefits, many employees must manage their own case to make sure benefits are received in a timely manner. This can be difficult when also dealing with an injury and focusing on getting well.

It can be difficult and frustrating to wade through the disability claims process. Our Delaware injury lawyers can help ease the burden by assisting you with your claim. Contact us through the Morris James website to learn more about workers’ compensation.

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