Protecting Workers’ Compensation Rights in Delaware
Respected lawyers helping clients navigate the workers’ compensation process in Newark, Wilmington and Seaford, DE
Workers’ compensation is a no-fault disability program that is administered by each state. Employers provide coverage that pays for medical costs and loss of earnings if an employee is injured at work. In order to take advantage of these benefits, you must first report your injury to your employer within the statutory time limits and then apply for worker’s compensation benefits.
The law firm of Silverman McDonald & Friedman can make sure you get the workers’ compensation award you are entitled to for your hard work. From our three Delaware offices in Wilmington, Seaford, and Newark, we have helped countless people just like you get the assistance they need. We know that you are frightened and anxious about your bills and about your family, and that you likely have a lot of questions. We hope that our basic overview of the process itself can alleviate some of those fears for you. If you still have questions, that’s okay too; we’re always nearby when you need us most.
What you need to do to protect your workers’ compensation rights
If you’ve been injured on-the-job, here are the steps you must follow immediately following the accident if you intend to file a worker’s compensation claim:
- Report the incident or accident immediately. Inform your employer and your immediate supervisor of your injury as soon as you are aware of it. Delaware workers’ compensation laws require you or someone acting on your behalf to give notice to your employer within six months of the injury. You may lose a portion of your benefits if your employer does not know of your injury within 90 days. If your injury took place over time, inform your employer as soon as you know of it. If the injury leads to death, the dependents of the deceased or their representative should give notice.
- See a doctor. You must seek medical attention and inform your doctor that your injury occurred on the job. Although Delaware law allows you to see a doctor of your choice, your employer can request that his chosen doctor examine you to investigate your claim. Make sure, however, that you see your independent doctor, too, if that is the case. Thanks to a new law, you can also seek medical attention from a licensed doctor who does not practice in Delaware, so long as that doctor agrees to follow the state’s procedures.
- Write everything down. You should take thorough notes about when, where, and how the workplace injury occurred. Also make note of anyone who saw the injury as it occurred. It might be helpful to take pictures, too, especially if you have a visible injury, or if the area you were in was in violation of safety codes.
- Beware of the actions of your employer. Your employer may try to get you to see another doctor of their choosing or to sign something regarding compensation or his or her liability. If you are approached about seeing another doctor or asked to sign anything following your accident, contact an attorney at Silverman, McDonald & Friedman immediately.
- Begin to prepare your records. You should compile your medical records related to the injury as well as records on your past medical history. A key issue in your case is if your medical state is caused by the workplace incident. If you have any difficulties getting the information release, call one of our Delaware workers’ compensation We can help you compile that data and documentation.
Filing your workers’ compensation claim in Delaware
You will fill out the paperwork that your employer gives you, and then your employer files a claim with the Delaware Office of Workers’ Compensation. You will receive instructions from your employer or their insurance company about how to submit your medical bills for payment.
If your injury requires that you lose time from work while recuperating from your injury, you will begin to receive temporary disability checks that will cover a portion of your regular income.
If you have any questions about the paperwork, bring it and your questions to us. If you are unsure about what you are supposed to sign, or what signing it means, come to us before putting that pen to paper – just in case.
My employer has denied my workers’ compensation claim. Now what?
If your employer fails to provide you with benefits you can file a claim with the Delaware Office of Workers’ Compensation. They provide a specialist to guide you through the process and answer questions, but they do not provide any legal representation. However, the employer is required to be represented by an attorney in the process. Our workers’ compensation attorneys can make sure that you aren’t at a disadvantage in this dispute. We handle the complex management of documentary evidence, witnesses, and necessary filings to make sure to present a compelling and competitive case on your behalf.
Your attorney will advise you as to what steps to take following your injury. Your employer’s lawyer may respond to your injury and try to avoid liability. The legal team at Silverman, McDonald & Friedman can make sure you get the correct workers’ compensation amount based on your wages.
Let our Delaware workers’ compensation lawyers manage your application
You need a skilled legal advisor to protect your right to compensation for work-related injuries. Silverman McDonald & Friedman has been helping workers for decades in their goal to get a fair workers’ compensation award. Call us at 302-888-2900 or fill out our contact form for a free consultation with an experience Delaware workers’ compensation attorney. We serve all three counties from our offices in Wilmington, Newark, and Seaford.