Workplace injuries can cause emotional stress and financial loss, in addition to considerable pain and suffering. Workers’ compensation exists to help ease the strain of this situation. There is a wide range of workers’ compensation benefits available, based on the severity and recovery time of the injury. Temporary total disability offers wage reimbursement payments when an employee is unable to work while recovering from an injury or illness. If you were recently injured in an on-the-job accident, here's what you need to know about workers' compensation claims in Delaware. You can contact the experienced Wilmington, DE Workers' Compensation Attorneys at Morris James Personal Injury Group by filling out a contact form.
Delaware Total Temporary Disability Facts
Total temporary disability refers to compensation given when an injury or illness prevents an employee from working entirely for a period of time. The employee is expected to recover from the injury and then return to work.
In Delaware, total temporary disability offers:
- A rate of pay at 66 and two-thirds percent of gross wages, up to a limit set by the state—in Delaware, the maximum weekly compensation rate is $679.63.
- Pay that begins on the fourth day out of work.
- A waived waiting period and the employee paid for all missed days, including the initial three days, if the employee cannot work for more than six days.
- Benefits that are paid by the employer or the employer’s workers’ compensation insurance.
- All necessary medical treatment and hospitalization paid by the employer or the employer’s workers’ compensation insurance.
What to Do If You’ve Been Injured in Wilmington, DE
Delaware law states that workers should receive disability payments if they meet a few simple requirements. If you have been injured at work or become sick due to a workplace illness or because of your work environment, you may be eligible to receive temporary total disability compensation. To do so, workers must:
- Seek medical attention and retain all medical records and bills.
- Report the injury or illness and the need for compensation to the employer in writing as soon as possible.
- Notify the employer about the intent to file a claim if it’s not possible to return to work within three days after the accident.
- File an application with the state Office of Workers’ Compensation if there’s a failure to reach an agreement for compensation with the employer.
Although many people file their claims and pursue disability payments on their own, this can be a frustrating and complicated process. An experienced Delaware workers’ compensation lawyer handling your case can alleviate much of this stress. If you have suffered an injury or illness at work, contact the legal team in Wilmington, Newark, Dover, Georgetown and Rehoboth locations at Morris James for more information on how you can receive workers’ compensation benefits.