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Delaware Workers’ Compensation Benefits


Knepper & Stratton – Delaware Accident Injury Lawyers

(302)658-1717 or (302)736-5500

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Delaware Workers Compensation Medical Benefits

All necessary medical treatment and hospitalization services are provided by the employer or the employer’s insurance carrier provided that the employee treats with a “Certified Health Care Provider” who has been certified by the Delaware Office of Workers’ Compensation.


Delaware Workers Compensation – 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 beyond seven days, the full disability period becomes compensable and no waiting period applies. The benefit amount is 662/3 percent of gross weekly wages received at the time of the injury, up to a maximum established annually by the Delaware Secretary of Labor.


Delaware Workers Compensation – 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 2/3 of the difference between the pre-injury wage and his/her current wage. Partial disability may be received for up to 300 weeks.


Delaware Workers Compensation – Permanent Impairment Benefits

When a job-related injury or illness results in the employee missing at least three days of work and a permanent partial disability, benefits are based upon a percentage of certain “scheduled” or “non-scheduled” 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.


Delaware Workers Compensation 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.


Delaware Workers Compensation 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 Delaware 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.


Let us help you with your Delaware Workers’ Compensation claim!

If you have been injured in a work accident and are seeking workers’ compensation, contact Barbara H. Stratton, Esq., at our Wilmington, Delaware or Dover, Delaware offices. We serve clients from New Castle, Kent and Sussex counties of Delaware, as well as people who work in Delaware but live in the neighboring states of Maryland and Pennsylvania.

If you have been injured in a work place accident, we can help you pursue your workers’ compensation claim.