Important Deadlines for Filing Your Delaware Workers’ Compensation Claim

The experienced Delaware workers’ compensation attorneys from Silverman, McDonald & Friedman can give you peace of mind after you’re injured on the job. We bring workers’ compensation claims on behalf of clients in and around Wilmington, Newark and Seaford.

You’re likely aware of Delaware workers’ compensation law. Any company with more than one employee is required to carry workers’ comp insurance in the event a worker is injured on the job or develops a work-related illness. This legislation is vital to the hardworking people in our state, as it affords them the medical and wage benefits they need while they take necessary time to heal before returning to work.

However, filing a workers’ compensation claim can be a complicated process with many important deadlines. Completing a document incorrectly or filing it too late can cause your claim to be rejected, and you can lose your right to benefits altogether. Ensure you file your claim properly for the best chance at success.

Timing and deadlines for workers’ compensation claims

After a work accident or injury, the first and most important thing to do is notify your employer in writing. You should notify them immediately, but you technically have 90 days to do so. If your injuries are due to an occupational illness, you have up to six months from the time you learn that your diagnosis was caused by your job.

After notifying your employer, your next step is filing a claim for workers’ compensation. Again, you should always file your documents as soon as possible (but never rushed or without important details). The deadline for filing workers’ comp injury claims in Delaware is two years. For occupational illnesses and conditions, however, your timeline is only one year from when you became aware your illness was related to your job.

If you and your employer can’t reach an agreement about your workers’ compensation benefits – or your claim is denied – you have the right to appeal. After receiving notice your claim was denied, or that the benefits are not what you expected, you have 30 days to file an appeal with the county Superior Court. If the Superior Court also denies your claim, you may file another appeal within 30 days to the State Supreme Court.

As you can see, depending on your workers’ compensation claim and whether or not it’s approved the first time, you have many deadlines to contend with. Working with an experienced attorney can make all the difference in your case.

Sources: Delaware Department of Labor and Delaware Code Title 19, Chapter 23

If you’re injured on the job, you need workers’ compensation benefits to support yourself and your family while you heal. The skilled attorneys at Silverman, McDonald & Friedman fight to get you the benefits you deserve. We represent clients in the Newark, Seaford, and Wilmington areas. Call 302-888-2900 or fill out our contact form today.