What’s the True Value of My Workers’ Comp Claim?

The attorneys at Silverman, McDonald & Friedman are proud to have served the people of Delaware for decades. If you’ve been injured in an accident, talk to us today to set up a consultation in one of our Wilmington, Newark or Seaford offices.

When you’re injured on the job, workers’ compensation provides wage and medical benefits to help you get by as you heal from your injuries. In return, you agree not to sue your employer. Typically, this is a contract that works out for everyone. However, what happens when your Delaware workers’ comp amount isn’t enough, or feels like a low and unfair amount? You do have options.

Filing a workers’ compensation claim

Under Delaware law, you’re entitled to workers’ comp benefits if you’re injured while under the scope of your job duties. You can receive medical benefits, disability benefits and vocational training, depending on the level and severity of your injuries. (Find out more about worker’s comp claims.)

After an injury or illness, notify your employer immediately of your diagnosis and intention to file a workers’ compensation claim while you recover. Your employer has 10 days to report to the Delaware Office of Workers’ Compensation, as well as their insurance company, to begin processing your claim.

This is where your claim is either approved or rejected. You can start collecting benefits after the seventh day of being out of work – although you can start accruing them on your third day out of work. If approved, your letter of approval will outline approximately how long you’ll need benefits (based on a report from your doctor) as well as the amount of your benefits. You have the right to reach out to the insurance company for more information.

What if I don’t like my workers’ comp determination?

If your workers’ compensation claim was denied, or you believe it doesn’t provide you enough time to heal from your injuries, an experienced workers’ comp attorney can step in and help. Before filing an appeal, a skilled lawyer can work with the insurance company to ensure all paperwork was filed correctly and that enough medical documentation was provided to make the correct determination for your claim. If the insurance company refuses to budge, the next step is an appeal.

You must take a workers’ compensation appeal very seriously – your best chance for success is having an attorney on your side. First, you file an appeal petition with the Delaware Office of Workers’ Compensation. Ensure you have all the evidence possible to back up your claim, and work with your attorney to see if you can find other witnesses or experts to verify your medical condition or who saw your accident and aftermath.

After your petition, the next step is a hearing, where you’ll put forth your complaint. Depending on the outcome of the hearing, the case may go to a more formal trial or hearing decided by a judge. Typically, this decision will be final. If you and your attorney are still unhappy with the decision, you may file an appeal with your county’s Superior Court.

When you’re injured on the job, you need physical and financial support until you’re back on your feet. The workers’ compensation attorneys at Silverman, McDonald & Friedman can help you get the benefits you deserve. Our legal team represents clients in the Wilmington, Seaford, and Newark areas. Call 302-888-2900 or fill out our contact form today.