Workers' Comp Settlements in Delaware

Yes, with approval. When the employer and worker agree on compensation, the agreement must be filed with the Department of Labor and is approved only if its terms conform to the workers' compensation law; once approved it is binding unless later modified under the statute. A lump-sum settlement is done by commutation: the Industrial Accident Board may convert future compensation to its present value (discounted at 5 percent) if it is in the worker's best interest or avoids undue expense or hardship, and it must consider attorneys' fees and costs and the worker's net recovery before approving. Agreements reached in mediation must be in writing and signed by the parties, their lawyers and the mediator, and are binding on the issues agreed.

Total disability benefits are paid while the total disability continues, with no fixed week limit; payments are not required after the disability ends. Partial disability benefits are paid during the period of partial disability, but not beyond 300 weeks. Permanent injury benefits are paid for a set number of weeks listed for each body part (for example, 220 weeks for the loss of a hand); disfigurement awards can run up to 150 weeks.

When the Industrial Accident Board awards compensation to an employee, it allows a reasonable attorneys' fee of not more than 30% of the award or 10 times the Delaware average weekly wage at the time of the award, whichever is smaller. The cap does not apply if a qualifying written settlement offer was made at least 30 days before trial and the award is no more than that offer. The Division of Industrial Affairs' workers' compensation line is (302) 761-8200, option 1.