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Workers Comp and Temporary Versus Permanent Disability

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April 22, 2018

After being injured in a workplace accident, Delawareans may be eligible for benefits through the state legislature-created workers' compensation system. The Delaware Workers' Compensation Act provides for a number of benefits for workers hurt on the job, including payments for resulting temporary or permanent disabilities. Understanding the differences between these types of disability can help injured workers ensure that they are receiving the appropriate workers' compensation benefits.

Recovering From Injuries and Unable to Perform Work

Delawareans who are unable to perform any type of work while recovering from injuries sustained in the scope of employment may be entitled to Temporary Total Disability benefits. These benefits consist of two-thirds of an injured employee's average weekly wages—subject to a weekly minimum of $229 or a maximum of $686.99 (effective July 1, 2017)—and become payable on the fourth day of incapacity. However, when the incapacitation lasts longer than seven days, the benefits are retroactive to the date of the injury. Injured Delaware workers often continue to collect these benefits for as long as the disability persists.

Permanent Impairments in Delaware for Workers' Compensation

The Delaware Workers' Compensation system also provides payments for permanent impairments, such as the loss of an arm, hand, leg, foot, eye, ear, or another body part. Permanently impaired workers are compensated based on the percentage of impairment, the number of weeks specified in the Delaware Workers' Compensation Act for the impairment in question, and their workers' compensation pay rate (two-thirds of their average weekly wages). The formula is as follows:

  • Percentage of impairment x the number of weeks specified by law x times two-thirds of the employee's average weekly wages = permanent impairment lump sum recovery.

Workers' Compensation Lawyers Serving All of Delaware

In Wilmington, Delaware, workers' compensation is the sole remedy for employees injured on the job. If you find yourself temporarily disabled or with permanent impairments following a workplace injury, the knowledgeable workers' compensation attorneys with the Morris James Personal Injury Group can investigate your claim, help you understand your rights, and ensure you are receiving the benefits you are owed. Contact the Morris James Personal Injury Group today to schedule an appointment for a free initial case consultation.

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