How Can Silverman, McDonald & Friedman Help You Obtain Maximum Workers’ Compensation Benefits?

A workplace accident can leave you with serious injuries that prevent you from working for several weeks, months, or even years. Determining how you will pay for your medical bills and other daily expenses is very stressful when you are not earning an income. Fortunately, employees in Delaware are typically eligible for workers’ compensation benefits, which can make things much less stressful during this difficult time.

Although you are not legally required to work with a Delaware workers’ compensation lawyer when filing your claim, you may receive more benefits if you have legal representation. Below, we explain how workers’ compensation works in Delaware and how we can help maximize your benefits.

What is workers’ compensation in Delaware?

The workers’ compensation system in Delaware provides benefits to employees who are injured on the job or who contract an occupational illness during the course of employment duties. Workers’ compensation in Delaware is a no-fault system, meaning that if you are hurt in a workplace accident and are eligible for benefits, you can file a claim for benefits even if you caused the accident or contributed to it.

After a workplace accident, workers’ compensation will cover your reasonable medical expenses and a portion of your weekly wages. If you suffer a permanent impairment because of a workplace accident, you can also receive additional benefits for the impairment. In the event that a workplace accident is fatal, eligible dependents can file a claim for death benefits.

Who is eligible for workers’ compensation?

In Delaware, employers with one or more employees are generally required to carry workers’ compensation insurance. Employers cannot hold any employee responsible for paying any portion of the cost associated with maintaining this insurance. The majority of full-time, part-time, and seasonal employees are covered, although certain exemptions do exist. Exceptions may include federal employees who are covered under other plans, volunteers, and certain agricultural workers.

To be eligible for workers’ compensation benefits, you must have suffered an injury or illness while performing job-related duties. If the injury was intentionally self-inflicted or caused by your own intoxication, deliberate and reckless indifference to danger or willful intent to cause injury, you may be barred from receiving benefits.

Important tips to maximize your workers’ compensation benefits

You may think that the insurance company is there to help ensure you receive the full benefits you need after a workplace accident. Unfortunately, that is not true. Insurers strive to reduce, deny, and delay claims to protect their profits instead of your well-being. There are also many laws governing these cases in Delaware, and failing to comply with them can put your claim in jeopardy. Fortunately, there are some tips that can help increase the benefits you receive. These include:

• Notify your employer: It is important to notify your employer, manager, or supervisor as soon as possible after any workplace injury. Ideally, this should be done immediately after an accident or at least within 24 hours. However, it is critical that you report the accident and resulting injuries within 90 days. If your employer does not already have actual knowledge of the accident, compensation generally is not due until notice is given.
• Seek medical attention: To ensure your injuries do not become worse and you receive the treatment that will protect your health and safety, it is critical to seek medical attention after any workplace accident. In Delaware, you generally have the right to choose your own doctor for a work-related injury, although treatment from a noncertified provider may require preauthorization. If you wait too long to seek medical attention, the insurer will likely argue that your injuries are not that severe.
• Be cautious when communicating with the insurer: Again, insurance companies prioritize their own profits over the needs of injured workers. If you speak to the insurance company on your own, the insurer could take your words out of context and use them against you. For example, if you tell the insurer that you are feeling okay out of politeness, the insurance adjuster will argue that your injuries are not as serious as you once thought or stated.
• Document everything: It is critical that you document as much as you can about your injuries or illnesses. Keep copies of all medical bills and other expenses, such as the cost of transportation to medical treatments. Also, take note of where the accident occurred, how it happened, and anyone you have spoken to about your claim. Create a record of the timeline of your case by providing your employer with written notice. Also, keep all paperwork related to your claim, including previous pay stubs showing your wages.
• Contact a workers’ compensation lawyer: Speaking to a Delaware workers’ compensation lawyer is one of the most important steps you can take after a workplace accident. A lawyer can help ensure that your claim is filed on time, help collect necessary evidence, answer your questions, and pursue the maximum benefits available.

How can our attorneys help maximize your workers’ compensation benefits?

The best way to maximize your workers’ compensation benefits is to work with a Delaware workers’ compensation lawyer. When working on your case, our attorneys will help maximize your benefits in the following ways:

• Gathering evidence such as medical records and bills, the testimony of medical professionals, pay stubs, and more
• Ensuring your claim is filed correctly and on time
• Locating eyewitnesses and expert witnesses who can testify about your injuries, illnesses, and your ability to work in the future
• Communicating with employers, insurance companies, and other involved parties on your behalf
• Answering your questions and keeping you updated on the status of your case
• Helping you challenge a denial or appeal an adverse decision

Our workers’ compensation lawyers in Delaware can help increase your benefits

Filing a workers’ compensation claim on your own can be frustrating, stressful, and overwhelming. At Silverman, McDonald & Friedman, our Delaware workers’ compensation lawyers can guide you through the process and pursue the full and fair benefits you need. Call us now or contact us online to schedule a consultation with one of our experienced attorneys and to get your questions answered.