Middletown Workers’ Compensation Lawyers

Workers’ compensation is a form of insurance that provides benefits to employees who have suffered work-related injuries or illnesses. Most Delaware employers are required by law to carry workers’ compensation insurance, which covers medical costs, lost wages, and other related costs for employees who sustain injuries while performing their job duties.

While workers’ compensation is designed to protect the legal rights of injured workers, the process of filing a workers’ comp claim can be daunting and complex. This is where a Delaware workers’ compensation lawyer comes in. We have in-depth knowledge of Delaware’s workers’ compensation laws and can guide you through every step of the workers’ compensation claims process.

Who is Eligible?

In Delaware, most employees are covered by workers’ compensation insurance, including full-time, part-time, seasonal, and temporary workers. Independent contractors are usually not eligible for workers’ compensation benefits. However, there are some exceptions to this rule. If you have questions about your eligibility for workers’ compensation, our Delaware workers’ compensation lawyers can provide you with the necessary information and guidance.

Common Workplace Injuries

At Rhoades & Morrow, we have successfully handled a wide range of workplace injury cases. Some of the most common workplace accidents and injuries that our clients have suffered include:

• Slip and fall accidents

• Repetitive motion injuries

• Machinery accidents

• Construction site accidents

• Burns and electrocution injuries

• Transportation accidents (e.g., truck or car accidents)

• Traumatic brain injuries

• Spinal cord injuries

• Repetitive stress injuries

• Fractures and broken bones

• Sprains and strains

• Burns and electrocution injuries

• Occupational diseases

While some industries are more prone to certain types of accidents than others, workplace injuries can happen in any job, from construction sites to office environments. No matter the cause of your work injury, our experienced workers’ compensation attorneys have the expertise and resources to help you pursue fair compensation.

Steps To Take After a Work-Related Accident

If you suffer a workplace accident, taking the correct steps immediately afterward is crucial for protecting your workers’ compensation claim.

1. Report the accident to your employer immediately: Delaware law requires the injured employee to report a work-related injury or illness promptly. You should inform your employer of the incident as soon as possible, preferably in writing.

2. Seek medical attention: Even if you believe your injuries are minor, it is important to seek medical treatment right away. Not only will this ensure that you receive proper care, but it will also create an official record of your injuries, which can be used to support your workers’ compensation claim.

3. Document everything: Keep detailed records of the accident and any related expenses, such as medical bills and lost wages. This evidence will be crucial in proving the severity of your injuries and the impact they have had on your life to claim maximum workers’ compensation benefits.

4. Contact a Delaware workers’ compensation lawyer: It is in your best interest to consult with an experienced workers’ compensation attorney as soon as possible after a work-related accident. An attorney can help you navigate the complex claims process and ensure that your rights are protected.

Navigating the Claims Process

Filing a valid Delaware workers’ compensation claim can be complicated, and even the smallest error can result in your claim being denied. Our attorneys will work closely with you to collect all necessary evidence, such as medical expenses, wage statements, and eyewitness accounts of the accident. We will also handle all communication with the insurance company on your behalf and make sure that your rights are protected throughout the entire process.

In the event that your workers’ comp claim is denied, our attorneys have extensive experience in appealing denials and fighting for your rights in court. We understand the stress and uncertainty that comes with a work injury, and we are committed to providing you with top-quality legal representation every step of the way.

Workers’ Compensation Benefits in Delaware

If you have been injured at work, you may be entitled to receive the following types of workers’ comp benefits under Delaware law:

• Medical expenses: This includes all medical costs related to your injury, such as doctor visits, hospital stays, surgeries, medications, and physical therapy.

• Temporary total disability: If your injury prevents you from returning to work for a temporary period, you may be eligible to receive weekly wage payments equivalent to two-thirds of your pre-injury wages.

• Lost wages: If your injury prevents you from returning to work or limits your ability to perform your job, you may receive compensation for lost wages.

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

• Death benefits: In the unfortunate event that an injured worker dies from the work-related injury or illness, their surviving family members may be eligible to receive death benefits.

At Rhoades & Morrow, we understand that every case is unique, and we will work tirelessly to ensure that you receive the full range of benefits you are entitled to under the Delaware workers’ compensation system.

Challenging a Denied Workers’ Compensation Claim

Having your workers’ compensation claim denied in Delaware can be a disheartening experience, but it is not the end of the road. The first step to challenging the decision is to file an appeal with the Delaware Office of Workers’ Compensation. This must be done promptly, as there are strict time limits on filing appeals, generally within two years from the date of the accident. The appeal process involves submitting a Petition to Determine Compensation Due, which requires detailed information about the injury, treatment, and the circumstances surrounding the denial.

Once the petition is filed, a pre-trial hearing will be scheduled where both the injured worker and the employer can present evidence. This is where having precise documentation and any additional evidence becomes critical. The pre-trial is meant to clarify issues and see if a settlement can be reached before a formal hearing. If not, the dispute goes before an Industrial Accident Board for a merit hearing. The Board, consisting of a panel of judges experienced in workers’ compensation laws and cases, will hear testimonies from both sides, review the submitted evidence, and make a ruling on whether or not benefits should be awarded.

It’s important to note that during the appeals process, workers have the right to be represented by an attorney, who can provide invaluable assistance in building a strong case, advocating on the worker’s behalf, and navigating the intricacies of the system. Furthermore, if the Industrial Accident Board denies the claim, the decision can be appealed to the Delaware Superior Court, and eventually to the state Supreme Court, though each step requires adherence to strict procedural rules and may involve additional legal standards to overturn the original denial.