Types of Workers’ Compensation Benefits

Workers’ Compensation benefits provide compensation for medical bills, prescription medications, and lost wages to workers who have been injured on the job. With the exception of some domestic workers and farm laborers, Delaware law requires all employers to provide Workers’ Compensation benefits to their employees.

If you have been injured on the job, the Delaware Workers’ Compensation lawyers at Rhoades & Morrow have over 25 years experience representing injured workers in Delaware. The team of highly skilled and knowledgeable Workers’ Compensation lawyers at the firm are dedicated to claiming the maximum amount of benefits available to their clients, even if they were initially denied.

The team works diligently to ensure that the injured workers can focus on their recovery, without worrying about the financial burden that can come from the high cost of medical bills and time lost from work.

Workers’ Compensation benefits vary among states, and Delaware is unique in two aspects. First, Workers’ Compensation benefits are calculated by the amount of time the worker has been employed and on the severity of their injuries. Second, Delaware allows its workers to choose their own physicians, instead of being restricted to company designated physicians.


Recovering Millions For Our Clients

Benefits Available in Delaware

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.

Disputing a Denial of Benefits or Compensation Package

In some cases, Workers’ Compensation benefits can be denied initially. An experienced Delaware Workers’ Compensation lawyer can help injured workers file an appeal to dispute a denial of benefits or the amount awarded in a Workers’ Compensation benefits package.

A petition must be filed with the Delaware Office of Workers’ Compensation requesting a review of the claim. The review board will render a decision that can then be disputed by filing another petition with the Delaware Industrial Accident Board within 45 days.

An experienced lawyer will gather pertinent evidence to support the severity of the employee’s injuries, as well as the impact the injury has had on their ability to return to work.

Delaware Workers’ Compensation Lawyers at Rhoades & Morrow Help Injured Workers Claim Benefits

If you or someone you know has been a victim of a workplace accident, the Delaware Workers’ Compensation lawyers at Rhoades & Morrow can help you claim the maximum amount of compensation you are entitled to receive. Even when benefits have been initially denied, our lawyers can help you dispute the denial so you can claim your benefits. We represent clients across Delaware, including Elsmere and Seaford. For a free consultation, contact us by phone at our Wilmington office at (302) 427-9500, our Milford office at (302) 422-6705, or our Bear office at (302) 600-1107, or contact us online.

Skip to content