Worker Compensation Settlement in Delaware
How the settlement process works
The legal procedure for filing a petition and gaining a settlement for a Delaware workers compensation settlement takes place in a number of stages. Our experienced compensation settlement attorneys can guide you through the whole process and help make sure you are treated fairly.
- Filing a petition: Our attorneys can walk you through the filing process, making sure that everything is filed properly, on time, and according to requirements.
- Scheduling a hearing: Once the petition is filed, the Office of Workers' Compensation schedules a pretrial hearing. In this hearing, a pretrial memorandum is completed in which the employee lists all benefits sought and any witnesses needed. When an employee is represented by an attorney, the attorney fills out the pretrial memorandum on behalf of the employee. Together, the employee and attorney also make arrangements for testimony from a medical witness and witnesses who can testify to the facts of the case. Our Delaware workers comp attorneys can help make these arrangements and any others required by the Delaware worker compensation settlement process.
- Holding the hearing: Next, a hearing date is assigned. The case may be heard by the Industrial Accident Board or by a Hearing Officer. Although the hearing is not as formal as Superior Court, it is a formal legal proceeding. The burden of proof falls on the party who filed the petition.
What to expect from settlements
When an injury leads to more than three days of lost work time, temporary total disability compensation becomes payable beginning on the fourth day. If the injury disability period reaches seven days, the full seven days becomes compensable, with no waiting period. The benefit amount is 66.66 percent of the gross weekly wages of the worker at the time of the injury, subject to an annual maximum established by the Secretary of Labor.
Temporary partial disability benefits
Partial benefits may be paid when a worker returns to work part-time, or is paid at lower rate than the pre-injury wage upon returning. In this case, the worker may be eligible for 66 percent of the difference between the current wage and the pre-injury wage. Temporary partial disability benefits may be payable for up to 300 weeks.
Permanent impairment benefits
A work-related injury or illness that leads to a permanent, partially-disabling condition can be compensated based on percentage-of-disability schedule and the part of the body affected. Disabling conditions of body limbs, hands, feet, fingers, toes, eyes and ears are called scheduled losses, while conditions involving the back, heart, lungs, and other internal organs are known as non-scheduled losses. Compensation rates vary for scheduled and non-scheduled loss.
Disfigurement benefits
A worker suffering a scarring condition, burn, or amputation from a work-related accident can file a petition for disfigurement benefits for up to a year afterwards. Depending on the severity of the disfigurement, these benefits may be paid for up to 150 weeks.
Death benefits
In the case of a workplace-related death, the employer or insurance carrier can be held responsible for funeral expenses of up to $3,500. Other death benefits payable to the dependants of the deceased worker cannot exceed 80 percent of the maximum rate defined by the Secretary of Labor.
Let us fight for you
Contact the offices of Silverman, McDonald, Friedman, Attorneys at Law today for a free consultation to discuss your Delaware workers’ compensation claim. If you have difficulty traveling to our office, we will meet with you at your home. You can reach us toll-free at 888-571-9817 or contact us online.
