If you are employed by any company based in Delaware or employed by a non-Delaware company principally in Delaware, you likely have access to workers’ compensation if you get hurt or contract a chronic illness at work. However, even if you are covered by a workers’ comp policy, filing a comprehensive claim and getting the benefits you need can be more complicated than you might expect.

If you need help researching, pursuing, or appealing your workers’ comp claim, consider retaining a diligent personal injury attorney to help you handle this unique type of case. At Doroshow, Pasquale, Krawitz, and Bhaya, a seasoned Elsmere workers’ compensation lawyer can work on your behalf to ensure you fulfill all procedural requirements and secure appropriate benefits for your situation.

What are the Workers’ Compensation Laws in Elsmere?

According to Delaware Code Title 19 §2306, virtually every employer that employs at least one part-time or full-time employee in the state of Delaware must purchase and maintain workers’ compensation insurance. Subsequent statutes outline very limited exceptions to this requirement, including government employees, independent contractors, and certain sales and agricultural workers.

Workers’ compensation coverage applies to any worker who gets hurt in the course and scope of their employment. Essentially, this means injured workers can seek benefits for any incident that happens while they are doing something directly related to their job duties, or sometimes injuries that occur on their employer’s premise. Employees are covered under workers’ compensation from the moment they start their term of employment as long as their injury does not stem from horseplay or non-job-related duties.

In addition, workers’ compensation also covers illnesses and conditions that employees contract due to conditions they are exposed to while working. For example, repetitive motion injuries like carpal tunnel syndrome would be covered. A local workers’ compensation attorney can explain in further detail what circumstances may or may not make a worker eligible for benefits under their employer’s plan.

Making a Workers’ Comp Claim

In accordance with Delaware Code Title 19 §§2341 and 2342, employees who get hurt on the job must notify their employer of the incident within 90 days of when it occurred, or within six months of learning they developed an occupational disease. Following this, the worker must file a claim with the state Office of Workers’ Compensation within two years for an occupational injury or one year for an occupational illness, in accordance with the statutory filing deadlines set by Delaware Code Title 19 §2361.

Benefits under Workers’ Compensation

An injured or ill worker may be entitled to various benefits through a successful claim. The most immediate benefits include reimbursement of all medical expenses and two-thirds of their average weekly wages on either a temporary or long-term basis, depending on whether their condition will leave them permanently disabled.

However, it is not uncommon for initial workers’ comp claims to be rejected for lack of information or procedural errors. Working with a skilled workers’ comp lawyer throughout the filing process is recommended for any Elsmere residents who were injured on the job.

Seek Help from an Elsmere Workers’ Compensation Attorney

On top of being physically painful, getting hurt on the job could also be financially devastating if it forces you out of work or permanently limits your ability to hold gainful employment. Fortunately, workers’ compensation can help bridge the gap between what you made before your accident and what you can earn while you are recovering from your injuries.

An Elsmere workers’ compensation lawyer can help you get the most out of your claim and avoid many of the legal pitfalls that might limit your recovery. Call our firm today to discuss your unique case.