Types of Workers’ Compensation Benefits

Eligible employees receive compensation to cover their medical bills and their lost wages related to their injuries. There are several different types of Workers’ Compensation benefits available. These include:

• Total Disability Benefits: When a worker’s injuries prevent them from working in any capacity, total disability benefits provide workers with two-thirds of their average weekly salary for as long as their injury prevents them from returning to work. In some cases, total disability benefits last for the lifetime of the injured worker. Loss of both arms, hands, feet, legs, or eyes, and spinal injuries resulting in partial or total permanent paralysis are some examples of a lifetime disability.
• Temporary Partial Disability: Injuries sometimes prevent workers from returning to work at full capacity, but do allow them to resume working part-time or on limited activity. In this case, temporary partial disability benefits provide workers with two-thirds of the difference between their salary before their injury occurred, and their salary after their injury. Benefits are provided for a maximum of 300 weeks, or end when the worker resumes earning their previous salary.
• Permanent Partial Disability Benefits: When an injured worker reaches the maximum benefit provided by temporary partial disability payments, they may be eligible for permanent partial disability benefits. Compensation is calculated through scheduled losses and unscheduled losses. Scheduled losses assign a value to individual body parts and pay workers a predetermined amount of money for each body part that is lost. The payments are still two-thirds of their pay, but continue for a period of time previously scheduled.

Unscheduled losses are those that are not included on a predetermined schedule. Injured workers that still have total or partial loss of a body part or bodily function after they have reached their maximum temporary partial disability benefits can receive benefits based on an impairment rating that is determined by the value of the loss. The worker will receive two-thirds of their weekly wages, combined with compensation determined by the impairment rating, for an additional 300 weeks.

• Death Benefits: Families of workers that die in work related accidents in Delaware may be entitled to survivor benefits. Marital partners and dependent children can receive compensation that is determined by the worker’s marital status and their number of dependents at the time of their death. Families may also be compensated for funeral and burial expenses.