Permanent Partial Disability (PPD) in Delaware workers’ compensation is a benefit paid for lasting impairment to a specific body part after you reach maximum medical improvement. It is calculated using the schedule in 19 Del. C. § 2326, which assigns a maximum number of weeks of compensation to each body part, multiplied by your impairment rating and your weekly comp rate.
After you finish treatment for a serious work injury, you may still have lasting limitations: a stiff knee, reduced grip strength, chronic back pain. Delaware’s Workers’ Compensation Act recognizes that lasting impairment by paying Permanent Partial Disability benefits, often called “PPD” or simply “perm.”
The Detailed Answer
PPD is governed by 19 Del. C. § 2326. Unlike Total Temporary Disability, which replaces wages while you are out of work, PPD compensates you for the permanent loss or loss of use of a body part, regardless of whether you have returned to work.
The Schedule of Benefits
Section 2326 lists the maximum number of weeks of compensation for specific body parts. The schedule includes weeks for the loss of an arm, leg, hand, foot, eye, and other body parts, as well as the loss of use of those parts.
How PPD Is Calculated
The general formula is straightforward in concept:
- Reach maximum medical improvement (MMI), the point at which your condition is unlikely to improve further with treatment.
- Obtain a permanent impairment rating, usually expressed as a percentage, from a physician using accepted medical guides.
- Multiply the scheduled maximum weeks for that body part by your percentage rating.
- Multiply the resulting number of weeks by 66.67% of your average weekly wage (subject to the statutory maximum).
Disfigurement and Other Losses
Delaware also provides compensation for serious and permanent disfigurement to certain body parts under § 2326, separately from a loss-of-use rating.
Disputes Over the Rating
Most PPD disputes involve disagreement between your treating physician and an Independent Medical Examiner over the impairment percentage. Even small differences in the percentage can mean thousands of dollars over the life of the benefit, so the rating process is often heavily contested.
What This Means for Your Case
PPD is often paid as a lump sum or in installments after you reach MMI, separately from any wage-loss benefits you received earlier in the claim. It is not a substitute for ongoing medical care, which generally remains the carrier’s responsibility for compensable conditions.
If your treating doctor gives you a 10% impairment rating but the IME doctor says 3%, the difference is huge. A Delaware workers’ compensation attorney can review both reports, take depositions of the physicians, and present the case to the Industrial Accident Board for a binding decision on the correct rating.
Related Questions
Q: Can I get PPD if I returned to work?
Yes. PPD compensates for permanent impairment, not lost wages, so it is generally available even if you are back on the job at full pay.
Q: What is maximum medical improvement?
MMI is the point at which further significant improvement is unlikely. It does not mean you are pain-free; it means your condition has stabilized.
Q: How is back impairment rated?
Back and neck ratings often follow whole-person impairment guides. The percentage is then converted to a scheduled award based on Delaware’s statute and case law.
How Impairment Ratings Are Determined
Impairment ratings for Delaware PPD claims are typically based on standardized medical guides used by physicians to translate clinical findings into a percentage of impairment for a particular body part. The rating physician examines the worker, reviews imaging and diagnostic studies, and applies the criteria from the relevant guide to assign a percentage.
Even with standardized guides, ratings can vary significantly between physicians. Differences in clinical measurements, interpretation of imaging, application of the guide’s tables, and clinical judgment all contribute to the variation. That is one reason PPD ratings are so frequently disputed.
Lump Sum vs. Periodic Payment
Once a PPD award is determined, it can typically be paid in one of two ways:
- Periodic weekly payments for the calculated number of weeks at 66.67% of the AWW (subject to the cap)
- Lump sum (commutation) of the future weekly payments into a single payment, typically with a small reduction reflecting the present value of the future stream
The choice between weekly payments and a lump sum depends on the worker’s financial situation, ongoing needs, and tax considerations. Workers’ comp benefits are generally tax-free, but how a lump sum interacts with Social Security or Medicare can affect the analysis.
Other Categories of Permanent Awards
Beyond the schedule for body parts, Delaware also provides for permanent disfigurement awards in certain circumstances. Visible scars on the head, face, neck, hands, or other exposed areas may qualify for separate compensation under § 2326, in addition to any impairment-based PPD for the underlying injury.
When to Talk to a Delaware Workers’ Comp Lawyer
If your case is approaching MMI, or the carrier has offered a PPD rating that seems low, consider consulting a Delaware workers’ compensation attorney before signing anything. Schuster Jachetti LLP has experience handling PPD disputes and Industrial Accident Board hearings. Learn more about Delaware workers’ compensation, permanent total disability, settlement options, and weekly benefit calculations.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.