Workers’ Compensation Commutations and Permanencies in Delaware

Protecting the rights of injured workers in Newark, Seaford, and Wilmington, DE

If a Delaware worker has been receiving workers’ compensation benefits for a workplace injury, they can choose to receive a commutation of benefits. A commutation is simply a one-time, lump-sum payment that the injured worker can receive, which will end the monthly benefits payments they had been receiving. A commutation of benefits can also be paid to workers whose injuries are permanent and will not allow them to go back to doing the work they did when they were injured.

The Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman can be relied upon to protect your right to all of the compensation that you have earned. We have a thorough understanding of the value of your claim and we know how to negotiate with your employer’s insurance company whose goal is to pay you as little as they can get away with.

Commutation of workers’ compensation benefits in Delaware

A commutation is essentially the worker’s compensation insurance company buying out your benefits in a lump-sum payment. However, before you accept the insurance company’s offer it makes sense to consult with your workers’ compensation attorney. They can take a look at the offer and see if it takes into consideration any future medical expenses. Your workers’ compensation attorney can also inform you if you have been receiving the full amount of benefits that you should have been receiving.

Workers who have been receiving temporary partial disability payments after they have returned to work because of diminished earning capacity may opt to request a commutation of their benefits rather than receive the small monthly payment of benefits.

In order to receive a commutation of benefits, you would have to get permission from the Delaware Industrial Accident Board. If a commutation is approved, a 5 percent reduction in the amount due may be imposed.

Permanency in workers’ compensation claims

A permanency is an injury which has resulted in permanent disability. Delaware workers’ compensation law outlines the permanency compensation for each body part and the amount of benefits that will be paid for permanent injury to that body part.

  • Hand: 220 Weeks
  • Arm: 250 Weeks
  • Foot: 160 Weeks
  • Leg: 250 Weeks
  • Eye: 200 Weeks
  • Disfigurement: 150 weeks
  • Hearing: 175 weeks
  • Thumb: 75 Weeks
  • First finger: 50 Weeks
  • Second finger: 40 Weeks
  • Third finger: 30 Weeks
  • Fourth finger: 20 Weeks
  • Great toe: 40 Weeks
  • Other toes: 15 Weeks

Before you take the step of getting your workers’ compensation benefits commutated, take a moment to discuss all of your options with one of our knowledgeable Delaware attorneys. We handle these cases on a regular basis. We know the law and after consulting with you we are thoroughly familiar with the value of your case. Why go up against corporate attorneys whose one job is to do whatever they can to make sure that you receive as little money from them as possible. If you are not familiar with the value of your case how will you know when you are being lowballed? Leave the legal legwork to us while you focus on getting better and getting back to work.

Contact an experienced Delaware workers’ compensation attorney today to schedule a consultation

At the law firm of Silverman, McDonald & Friedman, our Delaware workers’ compensation lawyers have more than 100 years of combined experience helping other clients get the fair compensation they deserve when they have been injured in a workplace accident. You may give us a call at 302-888-2900 or fill out our quick contact form to schedule a free consultation. We have offices in Wilmington, Seaford, and Newark from which we serve clients throughout Delaware.