The Importance of Meeting Workers’ Compensation Filing Deadlines in Delaware
The workers’ compensation lawyers of Silverman, McDonald, & Friedman are ready to represent you if you are facing any kind of dispute related to your benefits. We offer free consultations in Wilmington, Seaford and Newark, and you never have to worry about being able to afford to hire a lawyer because you do not pay attorney fees unless we have recovered compensation for you.
If you sustain an injury at work, there are deadlines within which you must report your injury and file a workers’ compensation claim. You must notify your employer about the accident or incident immediately and seek medical attention. If you do not notify your employer about the accident, and then fail to seek medical attention and then the injury worsens, and you need medical care you may have put your eligibility to file a claim in jeopardy because you failed to notify your employer about the accident when it happened.
In Delaware, there is a 90-day time limit for notifying your employer about your injury. For occupational diseases, you have six months after your diagnosis of an occupational disease to report it to your employer.
The time limit for filing a workers’ compensation claim in Delaware is two years from the date of injury. The deadline for occupational diseases is one year from the time you first knew that the disease was caused by occupational exposure or was work-related as in a repetitive stress injury.
What is the time limit for appealing a denied claim?
What happens if a worker sustains an injury at work, they seek medical attention, notify their supervisor and file a claim for workers’ compensation benefits only to discover later that their claim has been denied? If the employer’s insurer has denied the claim, this does not mean that the injured worker will not be able to receive benefits. The injured worker must file a petition with the Delaware Office of Workers’ Compensation to appeal the denial within 30 days.
You are never required to have a lawyer represent you at the hearing, but it is important to know that your employer is required to have legal representation. So, in deciding whether to hire a lawyer, you must ask yourself if you are prepared to go up against your employer’s insurance company’s legal team to fight for your workers’ compensation benefits?
A skilled workers’ compensation lawyer from the law firm of Silverman, McDonald, & Friedman is prepared to represent you in your appeal or any type of dispute related to workers’ compensation benefits. Sometimes, insurers deny legitimate claims to remain profitable. We are here to help you recover the benefits due to you when you have been hurt at work. Take advantage of our free consultation and learn how we can help you obtain your benefits now.
The law firm of Silverman, McDonald, & Friedman proudly serves all of Delaware, including workers in Seaford, Wilmington, and Newark. We offer free consultations at our office locations. You may call 302-888-2900 or fill out our contact form now to talk with someone about your case today.
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Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.