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Delaware Workers Compensation - Employee Benefits

Workers compensation employee benefit information for the State of Delaware

Delaware Workers Compensation Medical Benefits -

  • Medical benefits for injured Delaware workers are paid without lenghth of time or cost limitations.
  • Special Note: In January 2007 the Delaware Legislature passed legislation that changed the provision of care under workers compensation regulations. Effective May 23, 2008 the Health Care Advisory Panel established the Workers Compensation Health Care Payment System for the State of Delaware. As expected, this new and improved system now addresses practice guidelines and certification for health care providers, an updated fee schedule and has established an utilization review process along with other improvements such as updated forms.

Who Chooses the Physician for Injured Workers in Delaware -

  • In Delaware the employee has the right to choose the treating physician.

Delaware Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) 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.
    • 66 2/3 % of the Delaware workers wage is paid.
    • Weekly payments are based on a minimum of 22 2/9 % of the actual workers wage or State Average Weekly Wage or $201.72 and a maximum of 66 2/3% or $605.15.
    • Maximum period of payments is the duration of disability.

  • Permanent Total Disability (PTD) Benefits:
    • 66 2/3 % of the Delaware workers wage is paid.
    • Weekly payments are based on a minimum of 22 2/9 % of the actual workers wage or State Average Weekly Wage or $201.72 and a maximum of 66 2/3% or $605.15.
    • Maximum period of payments is the duration of disability.

  • Permanent Partial Disability (PPD) Benefits:
    • When a job-related injury or illness results in a permanent partial disability, benefits are based upon a percentage of certain "scheduled" or "nonscheduled" 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.
    • 66 2/3 % of the Delaware workers wage is paid.
    • Weekly payments are based on a minimum of 22 2/9 % of the actual workers wage or State Average Weekly Wage or $201.72 and a maximum of 66 2/3% or $605.15.
    • Non-scheduled injuries are capped for the maximum period of payments at 300 weeks and the maximum payment amount is $181,545.


Delaware Workers Death/Dependency 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 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.


Delaware Workers Compensation Attorney Fees -

  • The lessor of 30% of the award or 10 times the State Average Weekly Wage in place during the time of award.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://www.delawareworks.com/industrialaffairs/services/WorkersComp.shtml



Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


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