What are the basic rights of Delaware workers’ compensation?On January 18, 2020 by Raul Dinwiddie
There are seven main rights under workers’ compensation and we are going to assume that the work injury has already been accepted and that your injury was within the course and scope of your employment the first right are medical expenses So when you are injured in a work accident the medical bills are paid by the insurance company for workers’ compensation. Medical bills have to be reasonable, necessary and causally related to the work accident. They also have to be treated, if it’s with a doctor in Delaware, by a certified workers’ compensation doctor. And workers’ compensation should cover your medical expenses as long as they are within the workers’ compensation guidelines. The second benefit under workers’ compensation is temporary total disability benefits. We call it TTD or Temporary Total Disability and that pays two-thirds of your gross wages. If you look back at the 26 weeks before you were injured at the job, we average out those 26 weeks. That’s your average weekly wage and if you multiply that by two-thirds, that’s your workers’ compensation rate. That is the rate that you are paid weekly if you are unable to work at all. And all workers’ comp benefits are tax free. Your third right under workers’ compensation is temporary partial disability benefits. So if you can return to work but cannot work as many hours or have to find a job because of your restrictions, that does not pay as much, you are entitled to two-thirds of the difference So you would take that average weekly wage for the 26 weeks before you were injured and you take the new job that you are now working in or possibly the same job with less hours and you look at the difference between what you were making to what you are making now. and you multiply that by two-thirds. That’s called temporary partial disability benefits that you are entitled to. There is a cap of 300 weeks of temporary partial disability benefits over your lifetime. Fourth benefit is called permanent partial disability or PPD. You may hear the term permanency or permanent impairment. We have to wait until you are at maximum medical improvement, usually at least one year after the owrk accident or one year after if you have any surgery as a result of the work accident. Then we have a doctor rate you for permanent impairment. A doctor will give you a permanency rating. We pay a doctor to give that rating. And we then file a petition with the board and we claim permanent partial disability. A multiplier is used to determine the amount of money paid for permanent partial disability Each body part is worth a different amount of weeks. So we take those weeks and we multiply those weeks by a percentage of impairment you have for the injured body part and we multiply that by your workers’ compensation rate. That’s that average weekly wage times two-thirds. And we come up with a number for permanent partial disability. Your fifth benefit under workers’ comp is disfigurement So if you have any scarring as a result of a surgery that took place or possibly of have an altered gait; you walk with a limp because maybe a leg injury or a back injury. We can get you disfigurement benefits as well. Your sixth benefit is mileage. When you go to and from you medical providers — pharmacy, the doctors you see, physical therapy — You are entitled to forty cents per mile. And lastly death benefits, which I will not go into now that is for a different video.