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Workers’ Compensation

What is workers compensation?

Workers compensation is a system created by the Delaware Legislature which provides benefits to workers who are injured on the job. These benefits include medical expenses, temporary disability, and compensation for permanency and disfigurement. In the event of a death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to file a petition with the Industrial Accident Board.

Who is covered?

Workers compensation is a system created by the Delaware Legislature which provides benefits to workers who are injured on the job. These benefits include medical expenses, temporary disability, and compensation for permanency and disfigurement. In the event of a death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to file a petition with the Industrial Accident Board.

What should you do if you are injured?

Workers compensation is a system created by the Delaware Legislature which provides benefits to workers who are injured on the job. These benefits include medical expenses, temporary disability, and compensation for permanency and disfigurement. In the event of a death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to file a petition with the Industrial Accident Board.

Who pays the workers compensation benefits?

Workers compensation is a system created by the Delaware Legislature which provides benefits to workers who are injured on the job. These benefits include medical expenses, temporary disability, and compensation for permanency and disfigurement. In the event of a death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to file a petition with the Industrial Accident Board.

What if an employer refuses to provide medical services and/or temporary disability benefits?

Workers compensation is a system created by the Delaware Legislature which provides benefits to workers who are injured on the job. These benefits include medical expenses, temporary disability, and compensation for permanency and disfigurement. In the event of a death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to file a petition with the Industrial Accident Board.

Can an employer take action against a worker for filing a claim?

Workers compensation is a system created by the Delaware Legislature which provides benefits to workers who are injured on the job. These benefits include medical expenses, temporary disability, and compensation for permanency and disfigurement. In the event of a death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to file a petition with the Industrial Accident Board.

What is the legal procedure in filing a petition with the Industrial Accident Board?

Workers compensation is a system created by the Delaware Legislature which provides benefits to workers who are injured on the job. These benefits include medical expenses, temporary disability, and compensation for permanency and disfigurement. In the event of a death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to file a petition with the Industrial Accident Board.

Workers Compensation Benefits

Medical Benefits

All necessary medical treatment and hospitalization services are provided by the employer or the employer’s insurance carrier. Employees have the right to choose the treating physician.

Temporary Total Disability Benefits

If, due to an injury, there is lost time which extends beyond three days, temporary disability payments become payable starting with the fourth day lost.  If, however,
the disability exceeds seven days, the full disability period is payable.  The  benefit amount is 66 2/3 percent of the gross weekly wage  received, up to a maximum established by the Secretary of Labor.  It is important that the correct calculations are used to determine the gross weekly wage.

Temporary Partial Disability Benefits

If the employee goes back to work part-time or at a lower wage rate than his/her pre-injury wage, the employee may be entitled  to 2/3 the difference between the pre-injury wage and his/her current wage. Partial disability may be received up to 300 weeks.

Permanent Impairment Benefits

When a job-related injury accident or illness results in a permanent injury, benefits are based upon a percentage of loss of use. The actual compensation amount depends on the body part injured, the percentage of loss, and the gross weekly wage.

Disfigurement Benefits

An employee may file a petition for disfigurement one year after the accident or surgery for any scar, burn or amputation related to the work injury. The actual compensation will depend upon the severity of the disfigurement.

Death Benefits

When a job-related accident or illness results in a worker’s death, benefits are payable to the dependents of the worker as defined by the law. Children who are found to be dependents remain so until the age of 18 years or if a full-time student until they reach the age of twenty-five years.

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