Can I apply for permanent disability in Delaware after a work injury and surgery?

Question

I got injured at work in July 2022 and initially missed two months. Since then, I've been working under light duty for four-hour days while receiving workers' compensation benefits. Recently, I had surgery and am now expected to be out for about six months for rehab. The prognosis suggests I may not return to 100% capacity. Given that I have been on partial work and compensation until now, can I apply for permanent disability and receive compensation during this period?

James L. Arrasmith · Answer

Yes, you can apply for permanent disability benefits in Delaware if your injury results in lasting impairment. Since you've already been receiving workers' compensation and your doctors expect you may not regain full capacity, you may be eligible for permanent partial or total disability, depending on your condition after recovery. The key step will be a medical evaluation to determine your level of permanent impairment. 
 
While you are still in the recovery phase, you can continue receiving temporary total disability benefits if you’re unable to work. These payments usually continue until your doctor says you’ve reached "maximum medical improvement"—meaning your condition is not expected to get better with more treatment. At that point, the question of permanent disability comes into focus. 
 
To apply for permanent benefits, you’ll likely need updated medical reports and may have to attend a hearing if there’s disagreement over the extent of your disability. It's important to stay in communication with your claims adjuster and keep documentation of your medical treatment. You’ve already taken responsible steps by working light duty and going through surgery. Now it’s about making sure you get the support you need for the long term.

Q: Can I apply for permanent disability in Delaware after a work injury and surgery?