Can You Commute a Workers' Compensation Case in Delaware … –


Content Type
Limit Search to
About Us |  Contact Us |  Site Map
Advertise |  Customer Service |  Terms of Service
FAQ |  Privacy Policy
Copyright © 2021 ALM Global, LLC.
All Rights Reserved.

If crafted correctly, a commutation can maximize the amount of compensation for a claimant, address future concerns, and permit claimants to move on with their life without feeling like someone is always watching their every move.
October 01, 2022 at 01:21 PM
6 minute read
In a previous Legal Intelligencer article, I discussed Delaware’s workers’ compensation rights, compared them to Pennsylvania’s workers’ compensation rights, and recommended that an attorney handling workers’ compensation cases consider which state provides the best benefits for each individual case when concurrent jurisdiction exists to maximize benefits for your client. I explained that Delaware has several workers’ compensation benefits, including medical expenses, disability benefits (both total and partial disability), scarring/disfigurement benefits, and permanent partial impairment benefits. However, Pennsylvania attorneys often commute (settle) cases for a lump sum on behalf of their clients. Can you do this in Delaware, and if so, how does that work?
The answer is yes, Delaware has an avenue to commute workers’ compensation cases, which is essentially giving up all or some of a claimants’ rights in return for a lump sum of money. However, both the claimant and the employer must mutually agree to commute a case. Unlike other rights, where the claimant can file a petition with the Industrial Accident Board (IAB) to force an employer to pay medical, disability, disfigurement, or permanent impairment benefits, a case cannot commute unless both the claimant and the employer agree to the process and the terms of the agreement.

Already have an account?
*May exclude premium content
By Max Mitchell
By The Legal Intelligencer
By The Legal Intelligencer
By VerdictSearch
Proskauer Sues COO, Claiming Theft of Trade Secrets
The American Lawyer
FAIL: Committee Finds Professor Practiced Law Without a License—Leaving Some Bewildered
New Jersey Law Journal
Why the Judge Stepped Down From Former FTX CEO Sam Bankman-Fried’s Case
New York Law Journal
Kirkland Set for M&A Rankings Fall Amid Torrid Market
International Edition
Determinations on Gun Carry Permit Applications Will No Longer Be Made by NJ Courts
New Jersey Law Journal
License our industry-leading legal content to extend your thought leadership and build your brand.
Presented by BigVoodoo
The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.
Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.
Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.
Personal Injury Attorney: See video: Personal injury law firm recognized as One of the Most Influential Law F…
A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to …
The Tampa office of a highly-regarded regional law firm is seeking to add depth to their strong transactional team by adding experienced tax…
IN MEMORIAM: Reid & Riege, Pc remember and honor the life of our dear colleague and friend, Fred Mullen, who passed away on November 10, 2022.
MCOMBER & MCOMBER ESQS would like to announce…
THE TOSCANO LAW FIRM, LLC Proudly Welcomes The Honorable Michael A. Petrolle, J.S.C. (Ret.)
Don’t miss the crucial news and insights you need to make informed legal decisions. Join The Legal Intelligencer now!
Already have an account? Sign In
The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success.


Leave a Reply

Your email address will not be published. Required fields are marked *