As per Delaware workers compensation laws, occupational injury compensation is compulsory, which means it is legally mandatory for all the employers who are running their businesses in this state to provide workers compensation insurance for the people working in their organization as employees. The laws do not permit any waiver, but allows the employers to either be self-insured or get the insurance through a private insurance carrier.
Choice Of Doctor And Medical Benefits
In the state of Delaware, it is the legal right of the injured employee to make the initial choice of the doctor. It means when you get injured at the workplace or suffer from illness caused by hazardous factors the workplace is exposed to, you do not need to wait for the employer to choose a doctor for you; you can instead seek immediate medical attention by any physician of your choice. As per the Delaware workers compensation laws, you will be entitled to full medical benefits without any monetary or time limit.
Death Benefits
The children and the surviving spouse of the employee who dies at workplace are entitled to death benefits, subject to a maximum limit. However, as per the laws, the burial allowance and a minimum benefit is provided regardless of the victim’s earnings.
Permanent Total Disability
In case of PTD (permanent total disability), where the employee suffers from permanent disability, which means there is no chance he or she can return to work again in future, the employer will be liable to make the compensation payments (a certain percentage of the average weekly wages) for life time.
Permanent Partial Disability
If the injuries have resulted in permanent partial disability (PPD), the amount of the compensation is again a certain percentage of the average weekly wage, but for a maximum period of 300 weeks. The employers have the option to make the entire payment all at once or pay it on a weekly basis.
Temporary Total Disability
In case of TTD (temporary total disability), where the injured worker is not in a position to return to work during the treatment period, the payments are determined by a certain percentage of the average weekly wages he or she was earning. As per the Delaware workers compensation laws, the injured employee will keep on receiving these payments on a weekly basis for the entire period of the disability. Once the worker gets fully recovered and returns to work, the payments will be stopped.
Other Disability Benefits
The following are some other important points of the state laws with regard to disability benefits in occupational injury cases.
- If the injuries result in any type of hearing impairment, it may be compensable within certain filing deadlines and within certain other constraints. The legal things here can be a little complicated for you. So, you are advised to have a Delaware workers compensation lawyer to assist you with the proceedings.
- There are also provisions for the vocational and physical rehabilitation benefits.
Maximum Attorney’s Fee
Delaware workers compensation laws also puts a maximum cap on the amount of money an attorney can charge as their fee for handling these types of cases. The lawyer’s fee must not be greater than 10-times the state’s average weekly wage or thirty percent of the total amount of compensation awarded, whichever is less.