How much is a Middletown work shoulder injury worth if my employee can't return?
If you guess low, you underreserve the claim, your workers' comp premium gets hit later, and a "simple shoulder injury" turns into years of payments.
The blunt answer: in Delaware, a serious work-related shoulder injury can cost tens of thousands or well over six figures if your employee cannot return to the same job. There is no honest single number.
For a Delaware workers' comp claim, the value usually comes from three buckets:
- Medical treatment: ER, imaging, orthopedic care, injections, surgery, PT, and later flare-up care if the shoulder never stabilizes.
- Lost wages: generally 66 2/3% of the worker's average weekly wage, subject to Delaware's annual maximum rate.
- Permanent impairment: a shoulder is often compensated as loss of use of the arm under 19 Del. C. § 2326, with up to 250 weeks available. A 20% permanency rating can mean about 50 weeks of compensation at the worker's comp rate. A higher rating means more.
That means a rotator cuff tear or AC joint injury from a pothole-season crash near Middletown can easily become a $40,000 to $100,000+ file once surgery, wage loss, and permanency are added. If permanent restrictions kill the employee's old role, the long-tail cost goes up fast.
The question you should be asking next is: Is this only a workers' comp claim, or is there a third-party case too?
If your employee got hurt driving for work on Route 1, I-95, or even in commercial-strip traffic on US-202, another driver, a contractor, or a vehicle owner may be on the hook. That matters because a third-party recovery can change who ultimately pays and whether your comp carrier gets reimbursed.
If Delaware State Police worked the crash outside Wilmington city limits, get the report, the work restrictions, and the permanency rating early. That's where the real money exposure shows up, not in the first hospital bill.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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