Milford Workers' Compensation Lawyers

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who have suffered work-related injuries or illnesses. This includes both physical and mental injuries, as well as occupational diseases.

The goal of workers’ compensation is to provide injured workers with medical treatment and wage replacement benefits while they are unable to work. It also protects employers by limiting their liability for workplace accidents and ensuring that injured workers do not sue them for damages.

In Delaware, all employers with one or more employees are required to carry workers’ compensation insurance. This ensures that injured workers have access to the benefits they need, regardless of the financial status of their employer.

Common Workplace Injuries Covered By Workers’ Comp

Workplace injuries can happen in any industry, from construction to office jobs. Some of the most common types of job-related injuries include:

• Strains and sprains from overexertion or repetitive motions

• Back and neck injuries from lifting heavy objects or performing physically demanding tasks

• Slip and fall accidents

• Motor vehicle accidents

• Exposure to toxic substances leading to respiratory illnesses or skin conditions

• Carpal tunnel syndrome and other repetitive strain injuries

• Occupational disease caused by exposure to hazardous materials or conditions

If you have sustained any of these injuries while on the job, you may be eligible for workers’ compensation benefits. The experienced workers’ compensation attorneys at Rhoades & Morrow can help determine if your work injury is covered under the Delaware Workers’ Compensation Act and guide you through the process of filing a claim with the Delaware Industrial Accident Board.

Eligibility for Workers’ Compensation in Delaware

To be eligible for workers’ compensation benefits in Delaware, you must meet certain requirements. These include:

• Being an employee (does not include independent contractors)

• Sustaining the injury or illness while performing job-related duties

• Notifying your employer of the injury within 90 days

• Filing a claim with the Delaware Office of Workers’ Compensation within two years

Workers’ Compensation Benefits

If you meet the eligibility requirements, you may receive the following benefits:

• Medical expenses: These medical benefits include all necessary medical costs related to your work-related injury or illness. It can cover doctor’s visits, hospital stays, surgeries, prescription medications, and more.

• Wage replacement: If you are unable to work due to your injury or illness, you may be entitled to receive a portion of your lost wages. The amount is typically calculated as a percentage of your average weekly wage.

• Temporary disability benefits: If your injury or illness temporarily prevents you from working, you may be eligible for temporary disability benefits to cover a portion of your lost wages.

• Permanent impairment benefits: If your injury or illness results in a permanent impairment, you may be entitled to additional permanent disability benefits.

• Death benefits: If a worker dies as a result of a work-related injury or illness, their dependents may be entitled to death benefits. This can include funeral and burial expenses, as well as ongoing financial support.

Filing a Successful Workers’ Comp Claim

Filing a workers’ compensation claim can be a complex and time-consuming process. It’s important to have an experienced workers’ compensation attorney on your side who understands Delaware’s laws and can guide you through each step.

Our team of Milford workers’ compensation lawyers will assist you with:

1. Gathering evidence: We will help gather all necessary medical records, witness statements, financial records related to the workplace injury, and other evidence to support your claim.

2. Filing the claim: We will ensure that all paperwork is completed accurately and submitted on time.

3. Negotiating with insurance companies: Unfortunately, insurers may try to deny or minimize your claim in order to save money. Our attorneys will fight for your rights and make sure you receive the benefits you deserve.

4. Appealing a denial: If your claim is denied, we can help you appeal the decision and present your case in front of a judge.

The Role of a Workers’ Compensation Lawyer

An experienced workers’ comp lawyer can be a valuable asset in your pursuit of obtaining benefits. They understand the complexities of the law and can help you navigate the Delaware workers’ compensation system to ensure you receive full and fair compensation.

Some specific ways that a Delaware workers’ compensation lawyer can assist you include:

• Answering any questions or concerns you may have about the workers’ compensation process

• Ensuring all necessary paperwork is filed correctly and on time

• Negotiating with insurance companies to maximize your workers’ comp benefits

• Representing you in court, if necessary

Having a knowledgeable and dedicated lawyer on your side can make all the difference in the outcome of your workers’ compensation claim. Our team at Rhoades & Morrow is committed to providing our clients with top-notch legal representation and fighting for their rights.