Types of Workers’ Compensation Benefits
Wilmington DE Work Injury Lawyers Claiming Full Compensation for Injured Workers
Delaware law requires all employers to carry Workers’ Compensation insurance that provides financial compensation to employees that suffer workplace injuries, illness, or death. Workers’ Compensation provides for lost wages, medical expenses, prescription medication, physical therapy, disability, and funeral costs.
Even though injured workers are entitled to these benefits under the law, employers and their insurers sometimes deny compensation.
The Wilmington Workers’ Compensation lawyers at McCann & Wall, LLC provide counsel and representation to injured workers. The Wilmington workplace injury lawyers at the firm are dedicated to protecting their clients’ legal rights and helping them claim the maximum amount of compensation available to them.
The medical costs and lost wages related to work injuries can be financially overwhelming, and the compensation provided through Workers’ Compensation benefits help the victim and their family to recover physically, as well as financially.
Types of Workers’ Compensation Benefits
Depending upon the type of injury suffered and the severity of the injury, Delaware workers are entitled to several types of Workers’ Compensation benefits, including:
Wage Loss Benefits: Injured workers are entitled to a percentage of their wages during temporary or permanent disability. Wage loss benefits begin on the fourth day following the workplace accident or injury. Compensation is based on the worker’s average weekly salary, and how long they have worked for the employer.
Benefits are calculated on employment less than 13 weeks; 13 weeks to 26 weeks; and over 26 weeks of employment. Partial disability is available for a maximum of 300 weeks.
Medical Benefits: Employers are responsible to provide coverage for all medical expenses related to the employee’s work-related injury or illness. These include emergency services, hospitalization, surgery, prescription medications, specialized rehabilitation therapy or in-patient rehab facilities, assisted mobility devices, and mental health services related to the accident or injury.
Temporary Total Disability and Permanent Partial Disability: Temporary total disability (TTD) benefits are paid to workers that are unable to return to work in any capacity. These benefits begin one week after the injury occurred.
Permanent partial disability (PPD) benefits are paid for a maximum of 500 weeks to employees that suffer a loss of earning capacity. These benefits are provided to injured workers that are able to return to work but must limit their hours and activities.
If the employee’s status diminishes within the 500-week period, they can then be considered for PPD benefits.
Disfigurement or Specific Loss Benefits: Additional Workers’ Compensation benefits are available to workers that suffer disfigurement or scarring to the head, neck, face, or suffer loss of limbs or body functions related to their work-related accident or injury.
Death Benefits: The dependent children and spouse of a worker that suffers death due to a work-related accident or illness can receive Workers’ Compensation benefits.
Dependent children may receive these benefits until they reach the age of 18, or longer if they are disabled, or for as long as they are a full-time student. The spouse of the deceased worker may be entitled to lifetime partial wage benefits.
Eligibility Requirements for Workers’ Compensation Benefits
Nearly all Delaware employees are eligible for Workers’ Compensation benefits. Farm workers, independent contractors, and home health workers are exempt from Workers’ Compensation benefits; but their employers may elect to provide benefits, even though they are not legally responsible.
Many construction employees work as independent contractors. However, employers in the construction industry cannot claim themselves to be independent contractors. As such, they must provide Workers’ Compensation benefits to their employees.
Injured workers and the families of employees that suffer a fatal workplace injury have 90 days to report the accident or work-related illness to the employer. If benefits are denied, the injured worker or the family of a deceased worker has two years to file a claim with the Office of Workers’ Compensation.
The laws surrounding claims for benefits can be overwhelming to a lay person. Counsel and representation by an experienced Wilmington Workers’ Compensation lawyer can ensure that the claimant receives the maximum amount of benefits available.
When filing a claim for Workers’ Compensation benefits, the injured employee must provide medical documentation that states the nature of their injuries, a prognosis for recovery or disability, and the circumstances of their work environment or duties that caused the injury or illness.
Wilmington Workers’ Compensation Lawyers at McCann & Wall, LLC Help Injured Workers Claim Compensation
If you or someone you know has been injured or killed in a workplace accident or by a work-related illness, call the Wilmington Workers’ Compensation lawyers at McCann & Wall, LLC at 302-888-1221 or contact us online to schedule a consultation today. Our Delaware and Pennsylvania offices serve clients in Wilmington, Dover, Newark and Middletown; Philadelphia, Delaware County, Chester County; and throughout the states of Delaware, Pennsylvania, and New Jersey.