More Commonly Asked Questions about WC

At Silverman, McDonald & Friedman, we offer legal representation services throughout Delaware, including in Newark, Wilmington, and Seaford. If you are having trouble with a workers’ compensation claim, we can help you get approved. Contact our team today to set up a consultation.

Below are some common questions about workers’ compensation in Delaware covering issues related to before and after an injured employer’s return to work.

Am I covered for workers’ compensation benefits?

Employers having one or more employees in the State of Delaware are required to carry workers’ compensation insurance. Farm workers are not included under the workers’ comp statute. Employers are not permitted to charge employees any amount of the expense or premium of carrying this insurance.

In order to receive workers’ compensation benefits, an employee must meet certain entitlement requirements. These requirements are presented in Title 19 of the Delaware Code and administered by the Delaware Department of Labor, Division of Industrial Affairs Office of Workers’ Compensation. Independent contractors are not consider employees and are not covered under the statute. Maritime workers, seamen, federal employees, and railroad workers are covered under federal workers’ compensation law.

What must I do to secure workers’ compensation benefits?

The injured worker should inform his or her employer of the accident as soon as possible. In Delaware, if an employer is not informed of the workplace accident within 90 days, worker becomes ineligible for compensation until notice is provided. The worker may provide this notice to the personnel office, foreman, or any person with authority at the place of business.

Can an employer take action against me for filing a WC claim?

Under the Workers’ Compensation Statute, an employer is prohibited from discriminating against or discharging an employee because that employee:

• Has filed a claim or attempted to file claim for workers’ comp benefits, or
• Is soon to testify in a workers’ compensation case

How long does workers’ compensation last?

How long you receive workers’ compensation benefits depends on your injury. If you are disabled temporarily, you receive benefits until you go back to work. If you are disabled permanently, you can receive benefits indefinitely. If you are partially disabled, you still receive benefits but can do some light-duty tasks.

Can I be “kicked off” workers’ compensation?

While you are sick or injured, you cannot have your benefits taken away from you. However, sometimes the opinion of when you are qualified to go back to work differs between you, your physician and your employer’s workers’ compensation insurer. In these cases, it’s best to seek legal help.

Does my employer have to tell me that my benefits are ending?

Your employer has to notify you that your workers’ compensation benefits are ending, as in cases involving other continued health benefits, your employer has to notify you whether your other health benefits are being continued.  If your employer does not notify you, he or she is violating the law.

Who should I inform about my return to work?

You, your attorney, or other representative should inform the Workers’ Compensation Board and the insurance company or whoever is issuing your benefits of your return to work. If and when your work status changes, you should also inform the Board and insurer.

If I return to work, what happens to my workers compensation payments?

If you return to work at full health and physical capability, you will no longer receive workers’ compensation payments. However, if your disability upon returning to work leaves you with a lower pay rate as a result, you may be able to receive part of your benefit to make up for your decreased wages. This is referred to as a reduced earnings benefit.

If I have a disability, can an employer deny me employment? 

No. The Americans with Disabilities Act (ADA), which covers employers with 15 or more employees, forbids discrimination against qualified individuals with disabilities seeking employment. In fact, the employer may be required to provide a disabled employee reasonable accommodation to help him or her do the job.

Is my employer required to provide me with employment once I am ready to return to work?

The rehabilitation of employees to working status after a work injury is the ultimate goal of workers’ compensation programs. Although an employer is required to accommodate any restrictions your doctor imposes on your ability to work or perform specific work tasks, Delaware is an at-will employment state. This means your employer is not required under the law to provide you with employment.

If you are facing issues securing workers’ compensation benefits in the aftermath of suffering a workplace injury, our experienced attorneys at Silverman, McDonald & Friedman can help. We can review your case and take action as required to help you secure the financial benefits you are owed under the law. To schedule a free case review, call us today at 302-888-2900 or complete our contact form. From our offices located in Newark, Seaford, and Wilmington, we serve injured clients throughout the State of Delaware.