Navigating workers’ compensation can be overwhelming, especially for those encountering it for the first time. In Delaware, workers’ compensation laws are designed to safeguard employees who suffer injuries or illnesses on the job. Understanding your rights and available options can help you secure the benefits you deserve.
If you find yourself needing legal guidance, Rhoades & Morrow is here to provide support and ensure you navigate the process smoothly and effectively. Our team is committed to helping you comprehend the intricacies of workers’ compensation and advocating for your best interests.
What Is Workers’ Compensation?
Workers’ compensation is an insurance that provides wages and medical benefits to employees who sustain injuries or illnesses while performing their job duties. Unlike other forms of insurance that might only cover certain aspects of an incident, such as health insurance or auto insurance, workers’ compensation provides more comprehensive coverage. It includes not just medical expenses but also a portion of the lost wages if an injury or illness leads to time off work.
Who Is Covered by Workers’ Compensation in Delaware?
In Delaware, workers’ compensation insurance covers almost all employees, regardless of their job title or role. This includes full-time and part-time workers, seasonal or temporary employees, and, in some cases, even volunteers.
The crucial factor is that the injury or illness must be work-related. This means it occurred while you were completing tasks related to your employment, whether on or off your employer’s premises.
How Do I File a Workers’ Compensation Claim?
Taking the appropriate steps in filing a workers’ compensation claim ensures you protect your rights to benefits. The process in Delaware involves a series of steps:
- Immediately report any job-related injury or illness to your employer. This includes minor injuries or conditions that may not seem significant at the time.
- Your employer then must file a First Report of Occupational Injury or Disease form with the Office of Workers’ Compensation. The information in this form includes details about your injuries, how the injury occurred, and the nature of the job you were performing when the accident took place.
- You should seek medical treatment promptly and follow any recommendations from the medical provider. Document all medical interactions.
- Your employer’s insurance company will then review the claim to determine whether it’s accepted or denied.
You should know that certain deadlines apply to the workers’ comp process. In Delaware, the statute of limitations for filing a claim is two years from the date of the injury or from the last payment of compensation.
What Benefits Are Available Under Workers’ Compensation in Delaware?
The range of benefits available under workers’ compensation in Delaware can vary based on the nature and severity of your injury or illness.
Benefits available through workers’ compensation include:
- Medical benefits: This covers all necessary and reasonable medical treatment related to your work injury or illness.
- Disability benefits: If your work-related injury or illness results in an inability to work, either temporarily or permanently, you may be eligible for this benefit.
- Lost wages compensation: If you are unable to return to work for a specific period, workers’ compensation may entitle you to a portion of your lost wages. The amount typically represents a percentage of your average weekly wage prior to the injury.
Common Misconceptions About Workers’ Compensation
Many misconceptions surround workers’ compensation claims, and mistakes can be made. A common belief is that filing a claim will result in job termination. However, Delaware law protects employees from retaliation for pursuing workers’ compensation benefits.
Another misconception is that claims are only valid for injuries caused by someone else’s negligence. In reality, Delaware operates on a no-fault system, meaning benefits can be received regardless of who caused the injury, with specific exceptions, such as self-inflicted injuries or those resulting from drug or alcohol use.
Lastly, some employees mistakenly believe they don’t need a lawyer to file a workers’ compensation claim. While it’s possible to file a workers’ compensation claim independently, consulting with a workers’ compensation attorney can provide valuable guidance and increase the likelihood of a successful claim.
What Do I Do if My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, don’t despair. You have the right to appeal the decision. Here is a step-by-step guide on how to go about it:
- Review the denial letter. Understanding the reasons for denial is the first step in developing an appropriate response.
- File an appeal. The appeal process in Delaware entails filing a petition with the Office of Workers’ Compensation to determine the compensation due. You must file the petition within two years of the date of the injury.
- After filing the appeal, the Office of Workers’ Compensation will schedule a pre-trial hearing where you present your case, after which they may conduct a trial.
You may also consider obtaining legal representation. An attorney experienced in workers’ compensation claims can provide valuable insight and help navigate the appeals process.
Remember that you have the right to appeal a denied claim. Don’t let an initial denial deter you from getting the compensation you need and deserve.
How a Workers’ Compensation Attorney Can Help You
An attorney can handle all aspects of your claim, from gathering evidence to support your claim, negotiating with the insurance company, and representing you at hearings. They can also advise you on whether to accept any settlement offers, ensuring that they protect your best interests.
To learn more about your rights and your employer’s obligations under Delaware’s workers’ compensation laws, call (302) 427-9500 to schedule a free consultation with Rhoades & Morrow. We invite you to contact us for further resources and information about workers’ compensation in Delaware and how we can help.
