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Understanding Workers' Compensation Benefits in Delaware


In Delaware, the workers’ compensation benefits are governed by statutes and are limited to certain specified items. For that reason, retaining an experienced attorney like those at Kimmel Carter is important to maximizing your recovery of those benefits, which include:


Disability Benefits: What you get paid while out on workers’ compensation depends on whether you are totally unable to work, or only restricted in some sense. Taking that into consideration, the amount you are paid is calculated based on your pre-injury wages. Workers’ compensation wage benefits can pay up to 66% of your pre-injury average weekly wage, up to a limit of $867.52/week.


Medical Benefits: If you are injured during the course and scope of your employment, you are entitled to ongoing medical benefits for that injury as long as the treatment is reasonable, necessary, and related to the work injury. However, there are nuances to ensuring your medical bills get paid, such as ensuring that your Delaware doctor is also certified under the workers’ compensation system in Delaware. Working with an experienced attorney ensures you have the best chance that your medical treatment will be covered for the longest amount of time.


Scarring/ Disfigurement: If you were unfortunate enough to have suffered a scar or other physical disfigurement because of your work injury or medical treatment following a 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 because 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 deemed permanent to some degree by your medical provider, you may be entitled to a lump sum payment. The amount of this recovery is based on a formula that considers the part of your body that was injured, your percentage of impairment, and your workers’ compensation rate of pay. Again, working with an attorney experienced with pursuing permanent impairment claims is critical to ensuring your recovery is maximized.


Mileage: You are entitled to mileage reimbursement roundtrip for your medical appointments.

If you have been injured in a work accident, the experienced attorneys at Kimmel Carter are here to help. Call (302) 565-6100 for a free legal consultation.

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