Know Your Rights- Delaware Workers’ Comp

By Heather A. Long, Esquire

It has been said that knowledge becomes power only when we put it to use. In this article you will not only learn about your workers’ compensation benefits, but also how to put that knowledge to use.

The State of Delaware has enacted laws for the benefit and protection of workers who become injured on the job. These benefits are available to almost all workers in the State of Delaware, regardless of rate of pay, hours worked per week, number of employees on the job site, and/or length of employment. Since these benefits are given by operation of law, they cannot be taken away or reduced for leaving your job or getting fired. Much to the insurance companies’ dismay, once entitlement to workers’ compensation benefits is established, these benefits can stay active for the rest of your life.

Delaware Workers’ Compensation benefits include:

Disability Benefits

Your wage rights under the workers’ compensation laws in Delaware are based on your pre-injury average weekly wage. Workers’ Compensation wage benefits can pay up to 66% of your pre-injury average weekly wage, up to a limit of almost $800/week.

This benefit is designed to replace your wages when you can’t work following a work injury. This benefit is also available on a partial basis if you can only work part-time or part-duty, which results in a paycheck less than your pre-injury average.  

Medical Benefits

If you are injured in the course and scope of your employment, you are entitled to medical benefits for the rest of your life as long as the treatment is reasonable, necessary, and related to the work injury, and your Delaware doctor is also certified under the Workers’ Compensation Statute. If you see an out-of-state doctor, they do not have to be certified under the Workers’ Compensation Statute. A list of certified providers can be found on the Department of Labor’s website.

The workers’ compensation insurance company must pay at least one medical bill every five years in order to keep this benefit active! 

Mileage

 You are entitled to mileage reimbursement of forty cents (.40) per mile, roundtrip, for your doctors’ 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 are generally 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. Also, if you walk with a limp as a result of your work injury, or need to use any devices permanently (crutches, wheelchair, etc.), you may also qualify for this benefit.

Permanent Partial Impairment

If your work injury is permanent, you may be entitled to a lump-sum payment.  The amount of this recovery is based on a formula which takes into account the part of your body that was injured, your percentage of impairment, and your workers’ compensation rate-of-pay. 

As every work-related accident is unique, all of the rights listed above will not necessarily apply to every case. If you are injured at work, let my office put our knowledge of the Delaware workers’ compensation system to use for you! I can explain all of these rights as they apply to your case and your injuries.   

I offer free consultations and can meet with you in person at any one of my offices in Wilmington, Newark, or Rehoboth Beach. I also offer Zoom consultations that can be done from the privacy and comfort of your home, with no attorney’s fee collected until your case is settled. This gives you the peace of mind you need in order to focus on the most important thing, your health.

Bio

Heather has been an attorney for over ten years, and is currently practicing Workers’ Compensation and Personal Injury Law. Heather worked her way through law school as a paralegal in a personal injury firm. After passing the bar exam, she spent several years working as a defense attorney, representing local, regional and national companies. With the knowledge gained about the inner workings of these companies, she now represents injured workers and personal injury plaintiffs.  

Heather is a graduate of Widener University School of Law, and the University of Nebraska-Lincoln. Heather is licensed to practice law in Delaware, Pennsylvania, and New Jersey.