Process for Receiving a Settlement

Delaware workers' compensation process

Delaware Workers’ Compensation Attorneys Discuss the Process for Receiving a Settlement

Serving injured workers in Wilmington, Seaford and Newark, DE

If you are receiving weekly disability payments for workers’ compensation you can negotiate a settlement with your employer’s insurance company for a lump sum payment. This buy-out of your workers’ compensation benefits is also called a commutation, which comes with benefits and risks. Another type of workers’ compensation settlement is a permanency, which refers to the benefit you would receive when your workplace injury causes a permanent disability.

The knowledgeable workers’ compensation lawyers at Silverman, McDonald & Friedman have a combined 100 years of experience helping injured workers in Wilmington, Newark, Seaford, and throughout Delaware obtain the compensation they are entitled to receive. We are passionate about seeking justice on behalf of every client. As skilled negotiators, we will use our knowledge of the law and the workers’ compensation system to protect your right to the best settlement possible.

The pros and cons of a settlement

A settlement or lump-sum award is often sought when employees’ injuries will prevent them from returning to the same type of work they were doing when they were injured. The benefit of receiving a lump-sum settlement is that you have all of the money up front rather than monthly over the course of the recuperation period. One of the risks in obtaining a settlement is the potential loss of future benefits. If your work-related injury causes you to develop medical complications in the future related to that injury you will not be compensated for that.

The Office of Workers’ Compensation must approve a settlement

The legal procedure for filing a petition and gaining a settlement for a Delaware workers’ compensation settlement takes place in a number of stages. Our experienced compensation settlement attorneys can guide you through the whole process and help make sure you are treated fairly through every step.

  • Filing a petition. Our attorneys will walk you through the filing process, making sure that documents are filed properly, on time, and according to state requirements.
  • Scheduling a hearing. Once the petition is filed, the Office of Workers’ Compensation schedules a pretrial hearing.  In this hearing, a pretrial memorandum is completed in which the employee lists all benefits sought and any witnesses needed. When an employee is represented by an attorney, the attorney fills out the pretrial memorandum on behalf of the employee. Together, the employee and attorney also make arrangements for testimony from a medical witness and witnesses who can testify to the facts of the case. Our Delaware workers’ comp attorneys can help make these arrangements and any others required by settlement process.
  • Holding the hearing. Next a hearing date is assigned. The case may be heard by the Industrial Accident Board or by a Hearing Officer. Although the hearing is not as formal as Superior Court, it is a formal legal proceeding. The burden of proof falls on the party who filed the petition.

Going through a hearing with an administrative law judge, negotiating with your employer’s insurance company and developing a compelling case is work best left in the hands of an experienced lawyer. When you work with the legal team at Silverman, McDonald & Friedman, we take the long view. You benefit from our years of experience and our sincere desire to make life a little bit better for our clients. We make sure you get a fair settlement offer so that you can recover without worrying how you will take care of your and your family’s needs today and in the future.

Let our trusted workers’ comp attorney team fight for you

Contact the offices of Silverman, McDonald & Friedman today for a free consultation to discuss your Delaware workers’ compensation claim.  If you are unable to travel to our offices in Seaford, Newark, or Wilmington, we will meet with you at your home. You can reach us toll-free at 302-888-2900 or by filling out our contact form.