Seaford Workers’ Compensation

Seaford Workers’ Compensation Attorneys Helping the Injured

Protecting workers injured on the job in Delaware

The employees in our state work hard every day—on job sites, behind desks, in retail stores—driving Delaware’s economy. They give their time and their skills, and in return they receive wages and benefits to support themselves and their families. Most of the time this is a smooth contract—however, sometimes an employee is injured on the job. If this has happened to you, you understand the problems this can present.

Workplace slip-and-falls, repetitive stress injuries, unsafe conditions, and other accidents can cause you to suffer injury and prevent you from doing your job. Your first thought after an accident is surely, “How will I get paid if I can’t work?” Without income, you can’t pay your bills, and subsequently can’t live the same life you led before your accident.

The Seaford workers’ compensation lawyers at Silverman, McDonald & Friedman are experienced in helping injured workers get the benefits they need while they heal. You’re entitled to workers’ comp when you’re hurt on the job, and we will help ensure you get them.

What is workers’ compensation?

In a nutshell, workers’ compensation is a state-run benefits system that provides partial wages and medical care to employees who are injured at work. If you, or someone you love, are hurt during the course of your job, you may be eligible for workers’ compensation. Our legal team has decades of experience helping employees like you secure the benefits they deserve to heal from their injuries and protect their finances. Contact us if you’d like to speak further about your claim.

To get into more details, workers’ comp is a kind of insurance that protects not only employees, but also employers, when an employee is injured (or killed) as a result of their job. For the time, the employee is unable to work, or unable to work at the same level of their current job, workers’ compensation offers medical care, as well as wage replacement up to a maximum amount set by the state of Delaware.

You are eligible for these benefits regardless of fault—meaning even if you were partially to blame, you can still receive benefits. However, you wouldn’t be eligible if you caused your accident during situations like horseplay or if you were under the influence of alcohol or drugs at the time. In exchange for providing these benefits, the employer is protected from legal actions stemming from the accident.

Who is eligible for workers’ compensation?

All employers with one or more employees are required by the state of Delaware to carry workers’ compensation. If they fail to provide this insurance, they’ll be hit with stiff penalties.

Any employee who suffers an injury related to their job can file for workers’ comp. If an employee dies due to a workplace accident or injury, their surviving family members are eligible for benefits. It’s important to note, however, that not every type of employee is eligible for workers’ compensation. Types of workers who may not qualify include:

  • Independent contractors
  • Farm laborers
  • Domestic workers
  • Workers who earn less than $750 in a three-month period

Additionally, as stated earlier, although workers’ compensation is designed to be no-fault, there are certain situations where you may be disqualified for benefits—such as being under the influence at the time of your accident. If you are unsure as to whether or not you qualify, check with your employer or a qualified attorney.

Under workers’ compensation, an employee is eligible for any kind of injury, as long as it’s work-related. Even a previous or chronic injury may be eligible for workers’ compensation if it’s aggravated or exacerbated by your job. Typically these injuries will occur at your place of employment, but they can also happen on a job site, during work travel, or any time you’re doing work-related tasks.

What should I do if I’ve been injured on the job?

If you suffered an injury or occupational illness at work, you must act quickly to protect your rights to benefits. Take these steps to ensure your application will be accepted:

  • Notify your employer immediately about your accident, injury, or condition. Your benefits may be denied if you don’t give notice to your employer within 10 days.
  • You are also required to notify your employer if your injury or condition keeps you from working. This protects your right to collect benefits for lost wages.
  • See a doctor as soon as possible after your accident, and follow all directions for after-care and follow-up visits. Even if you think your injury is minor, you should treat it seriously, as some minor injuries can develop into more severe injuries down the road.

Why do I need an attorney for my workers’ compensation claim?

It’s true that a lawyer isn’t required for a workers’ comp claim, but it is highly recommended. Workers’ compensation can be an extremely complex process, as well as legally binding. They demand a great deal of paperwork and deadlines, and—if you have to take it to court—hearings and court appearances. Our Seaford workers’ compensation attorneys have a great deal of knowledge of this area of law and can prepare the strongest case possible on your behalf.

Many cases filed without the assistance of an attorney are denied, usually for minor reasons like missing a deadline or an error in the paperwork. If yours is denied, a lawyer can help you appeal the decision and fight to get you the benefits you deserve.

There are also situations where your employer or the employer’s insurance company deny benefits for other reasons or punish you for filing for workers’ comp. Retaliating against an employee for filing for workers’ compensation benefits is illegal, and our attorneys will protect your rights. We’re also experienced in dealing with insurance companies—we understand their tactics and will not let them offer you anything less than what you deserve for your injuries.

Medical and wage benefits are crucial for injured workers, as they help employees stay financially afloat as they recover and heal. Here at Silverman, McDonald & Friedman, we understand workers’ compensation is critical for your stability and your healing.

Honest and reliable workers’ compensation lawyers

If you were injured on the job, ensure you protect your rights by speaking with the workers’ comp lawyers at Silverman, McDonald & Friedman. We give you an advantage by putting our knowledge to work and assisting with your case, fighting for the maximum available benefits. Call us at 302-888-2900 or fill out our contact form to set up a free consultation in our Seaford office. We also maintain offices in Wilmington and Newark, Delaware.