How much is a foot injury worth in Delaware workers' comp?
In Delaware, a foot injury is worth up to $154,035 for total loss (160 weeks, at the $962.72 weekly maximum). With 25% loss of use and a $1,200 weekly wage, the award is about $32,000. That is the statutory award for the permanent injury; medical care and benefits while you are off work are paid separately.
How a foot injury is paid in Delaware
Each week is paid at 66.67% of your average weekly wage, up to $962.72 a week, with a minimum of $320.91 a week (or your full wage if it is lower).
If your doctor rates a partial loss of use, the award is generally that percentage of the scheduled weeks. A 25% rating works out to 40 weeks.
What is different in Delaware
Delaware pays scheduled awards at 66 2/3% of wages regardless of earning power, and uses a 300-week catch-all for body parts not listed, which is how back and neck ratings are paid. Visible, serious disfigurement can add up to 150 weeks.
Worked examples
| Rating | $800 weekly wage | $1,200 weekly wage | $1,600 weekly wage |
|---|---|---|---|
| 10% loss of use | $8,533.33 | $12,800 | $15,403.52 |
| 25% loss of use | $21,333.33 | $32,000 | $38,508.80 |
| 50% loss of use | $42,666.67 | $64,000 | $77,017.60 |
| 100% loss of use | $85,333.33 | $128,000 | $154,035.20 |
Calculate your foot award
Compare only the same benefit component on the same gross basis. If an offer includes medical care, temporary benefits or other rights, do not enter it here. The balance subtracts payments for this same benefit only, not fees or other offsets.
The result is the statutory permanent award only. Medical care, temporary benefits and fees are not included. Use the exact rating from the medical report: a body-part rating and a whole-person rating are not interchangeable.
Foot injuries: distinguish the foot from toes and the leg
For a fracture, crush injury or lasting ankle symptoms, request the report specifying the rated member. Walking tolerance, footwear needs and weight-bearing restrictions help explain the functional effects. Do not assume a toe percentage is a foot percentage or that an ankle diagnosis automatically uses the foot schedule.
Settlement value vs. the statutory award
The statutory benefit described here and a settlement value are different figures. Request an itemized proposal identifying the benefits included, amounts already paid, deductions, future medical treatment and rights being resolved. Which benefits can be settled and what approval is required depend on state rules. This page does not calculate future medical costs or predict a negotiated outcome.
Delaware vs. neighboring states
| State | How a foot injury is paid | Max for total loss |
|---|---|---|
| Delaware | 160 weeks | $154,035 |
| Maryland | 250 weeks | — |
| New Jersey | 250 weeks | — |
| Pennsylvania | 250 weeks | $348,500 |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in Delaware
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $962.72 (2026-07-01 to 2027-06-30) |
| Minimum weekly benefit | $320.91 (22 2/9% of state AWW), or actual wage if lower |
| Waiting period | 3 days |
| Waiting days paid back after | 7 days of disability |
| Time limit on temporary benefits | No fixed week limit in statute |
Estimate your weekly check
Assumes temporary total disability and no post-injury work earnings. It does not calculate partial disability, retroactive payments, offsets or special low-wage rules. Confirm the injury date and the insurer's wage calculation.
Frequently asked questions
How much is a foot injury worth in Delaware workers' comp?
Delaware sets 160 weeks for total loss, up to $154,035 at the top weekly rate. A partial loss is paid in proportion to your doctor's rating: with 25% loss of use and a $1,200 weekly wage, about $32,000.
What is the average workers' comp settlement for a foot injury in Delaware?
Delaware does not publish an official average settlement. The best benchmark is the statutory award for your rating: with 25% loss of use and a $1,200 weekly wage, about $32,000. A settlement can be higher or lower depending on future medical care, disputed ratings and which other benefits it closes.
What is the maximum weekly workers' comp benefit in Delaware in 2026?
The maximum weekly temporary total disability benefit is $962.72 (2026-07-01 to 2027-06-30).
Is there a waiting period in Delaware?
Yes. Delaware does not pay the first 3 days of lost time, but pays them back once disability lasts more than 7 days.
Which law sets these amounts?
19 Del. C. §§2321, 2324, 2325, 2326; 19 Del. C. §2326. The official sources are linked at the bottom of this page.
Other injuries in Delaware
Law and official sources
Official sources
Statute: 19 Del. C. §§2321, 2324, 2325, 2326; 19 Del. C. §2326
- Delaware Department of Labor, Division of Industrial Affairs (Office of Workers' Compensation) (official site)
- industrialaffairs.delaware.gov/hubfs/Workers_Compensation_Rate_Letter_2025%20(1).pdf?hsLan
- delcode.delaware.gov/title19/c023/sc02/index.html
- law.justia.com/codes/delaware/title-19/chapter-23/subchapter-ii/section-2326/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the Delaware workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.