Workers’ Compensation: Four Common Myths about Filing a Claim

If you have been hurt in a workplace accident, the workers’ compensation attorneys at Silverman, McDonald & Friedman are here to answer your questions and help you claim the benefits you are entitled to while you recover from your injuries. You are welcome to contact us to schedule your consultation with a Newark, Seaford or Wilmington workers’ compensation attorney today.

The Delaware workers’ compensation system was put in place to protect workers who suffer injuries in the workplace. It includes a partial wage replacement disability payment, coverage for medical expenses related to the injury and a death benefit to surviving family members who lose a loved one in a workplace accident.

While most workers’ compensation systems throughout the United States are similar, each state develops its own unique system and the laws that govern it. There are many common myths surrounding workers’ compensation and we hear them every day when a new client contacts us asking about their rights to file a claim. Here are just a few of them:

Myth #1: You can file for workers compensation only if the accident was your employer’s fault.

The workers’ compensation is a no-fault system administered by each state. It was put in place so that employees would not be put in the position of having to sue their employer and prove fault in order to recover financial compensation when they are injured while doing their job. Employers in the state of Delaware are required to purchase workers’ compensation insurance for their employees or face significant fines.

Myth #2: Workers compensation will cover all of the costs associated with your workplace injury.

Workers’ compensation benefits will cover medical expenses and pay the injured worker a portion of their regular salary. However, it does not compensate the injured worker for pain and suffering. If the worker’s injuries were caused by someone who is not their employer (or a co-worker), or because of a piece of defective equipment, the worker may be able to file a third party claim from which they would be able to receive compensation for pain and suffering. They will also likely receive compensation for lost wages from the accident, which the employee would have to reimburse their employer’s insurer.

Myth #3: If the accident was my fault I am not eligible to file a claim for workers’ compensation.

Given the fact that the Delaware workers’ compensation system is not based on fault, if you were found to be at fault in causing the accident that caused your injury, it would not preclude you from being eligible to receive workers’ compensation benefits.

Myth #4: Part-time workers are not eligible for workers’ compensation.

Working less than full time does not bar a worker from being able to file a workers’ compensation claim.

Bonus fact about workers’ compensation in Delaware

Regardless of whose fault the injury was, every regular employee (not including independent contractors) is eligible to file a workers’ compensation claim when they suffer an injury during the course of their work tasks.

Another important truth is that if you are facing a dispute with your employer’s workers’ compensation insurer, or with the Delaware Workers’ Compensation Commission, the insurance company will have lawyers representing their interests, which will put you at a disadvantage if you do not have legal counsel to represent you. An experienced, Delaware workers’ compensation attorney will advise you according to the facts of your case, and they will make sure that you are receiving all of the compensation that you are entitled to when you have been injured at work.

If you are not completely confident about what you are hearing from your employer’s insurer or your colleagues at work, you are welcome to call an experienced, Delaware workers’ compensation attorney from the law firm of Silverman, McDonald & Friedman, who would be happy to consult with you about your case.

At Silverman, McDonald & Friedman, we protect our clients’ rights and help them to get the compensation that they deserve when they sustained a workplace injury. Please call 302-888-2900 or fill out our contact form to make an appointment for a consultation with an experienced workers’ compensation lawyer in Wilmington, Newark or Seaford today. We can help.