Delaware Workers’ Compensation Benefits
By Amanda K. Dobies, Esq.
If you are injured while on the job, you may be entitled to certain benefits pursuant to the Delaware workers’ compensation system. Most employees unable to work from their injury are aware of their entitlement-to-wage reimbursement, but there are other benefits that most of my clients are usually surprised to learn about. For example, if you sustain a burn and the burn results in scarring, you are entitled to disfigurement benefits for the permanent scar on your body. Generally speaking, workers’ compensation is a “no fault” system. You are entitled to benefits even if there is no wrongdoing involved. The injury must occur while you are at work or as we say in the legal world, “in the course and scope of your employment.”
Replacement wages
If a doctor states that you cannot work at all due to your injury, your employer must pay 2/3 of your average weekly wage up to a maximum of $885.34. If you can only work part-time or work with certain restrictions, then the employer has to pay 2/3 of the difference between what you were earning at the time of the work accident and what you are able to earn now because of the restrictions.
This benefit is designed to replace your wages when you cannot work for more than three days due to your injury. You also must have an official note from your doctor documenting your work injury and restrictions (if any).
Medical benefits
As a general rule, if you are injured at work, you are entitled to medical benefits for life as long as the medical treatment is reasonable, necessary, and related to your work injury. Also, if your doctor is in Delaware, they must be certified under the Workers’ Compensation Statute. If you see an out-of-state doctor, certification is not required under the Workers’ Compensation Statute. A list of certified providers can be found on the Department of Labor’s website – www.dol.gov. Your lawyer can also assist with locating certified doctors to treat work injuries.
The worker’s compensation insurance company must pay at least one medical bill every five years in order to keep your benefits active. If you fail to submit a claim over a five-year period, you may lose your workers’ compensation benefits.
Mileage
An injured worker is entitled to mileage reimbursement of $0.50 per mile, roundtrip for your medical appointments.
Scarring/disfigurement
If you were unfortunate enough to have suffered a scar or other physical disfigurement as a result of your work injury, you may be entitled to compensation. Any scar and/or disfigurement that is visible when properly clothed can be awarded a monetary settlement. The amount of the settlement is determined by the location, size and visibility of the scar.
Permanent partial impairment
If your work injury is permanent, you could be entitled to a lump sum settlement for the permanent injury sustained. The amount of this recovery is based on a formula that takes into consideration the part of your body that was injured, your percentage of impairment, and your workers’ compensation rate-of-pay.
If you are injured at the workplace, I encourage you to obtain an attorney for guidance and support. At our free consultation, we will discuss your specific situation and determine which rights and benefits will apply. While it may feel overwhelming to add another appointment to your to-do list, this is the best way to make sure you receive all the benefits to which you are entitled following your injury.
In order to accommodate my clients, I give the options of consultations in-person, via Zoom, or via telephone. All consultations are free, and you do not pay an attorney’s fee unless a settlement is received. It is vital to have an attorney’s guidance through the whirlwind that follows a work accident. Having an attorney allows you to focus on what matters most: attending your doctor’s appointments and healing your injuries. Contact me at 302-565-6134 or [email protected].
Bio
Amanda Dobies is an associate attorney in the Newark office of Kimmel, Carter, Roman, Peltz & O’Neill, P.A. Mrs. Dobies has just under a decade of personal injury experience, focusing her practice on motor vehicle accidents and work-related accidents. Amanda is a lifelong Delawarean, obtaining her undergraduate degree from the University of Delaware and law degree from Delaware Law School, where she graduated Cum Laude.
Amanda is committed to representing individuals and families whose lives have been impacted as the result of an injury. Amanda previously worked as staff counsel for one of the country’s top insurance companies, representing insureds through the litigation process. This insider’s perspective gives Amanda an upper hand when representing clients.
Amanda has been recognized as Best Lawyers: Ones to Watch and Delaware Super Lawyers Rising Stars.
Kimmel Carter
Your Delaware Injury Lawyers
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