People commonly sustain back injuries while completing their duties at work, especially when heavy lifting is part of their daily job requirements. For that reason, workers’ compensation legislation is in place in the state of Delaware to provide benefits to employees after suffering injuries at work. Unfortunately, the filing process is usually long and complicated, and injured employees often receive denials the first time they apply.
A seasoned Middletown workplace back injury lawyer at The Law Offices of Doroshow, Pasquale, Krawitz, and Bhaya can help you navigate the challenging system to obtain the benefits you need while recovering. If you sustained a back injury while on the job, call a skilled workers’ compensation attorney today to schedule a meeting.
Filing for Workers’ Compensation
The state of Delaware requires that all private employers with more than one team member provide no-fault workers’ compensation for their employees. The employer obtains this coverage through private insurance carriers, and those companies are responsible for reviewing, approving, or denying the claims.
“No-fault” means that injured workers are eligible to collect benefits even if their employer did nothing negligent to cause the injury. Even if the employee was the negligent one, the employer is still responsible. If the insurance agency immediately approves coverage, the worker can collect compensation to cover medical expenses and time missed from work. If insurance denies the claim, the employee has the right to appeal.
Filing an Appeal for Workers’ Compensation
Although there is a no-fault rule for collecting workers’ compensation in Delaware, insurance companies could deny a claim for benefits for various reasons. Agencies commonly deny claims after determining the injury is not work-related or if the worker does not follow the procedure for filing correctly. Therefore, the first step to take after a denial is to find out the exact reason for rejection.
In some cases, the denial of benefits could be an error. However, if the employee and the insurer cannot come to an agreement, the injured individual should reach out to a capable Middletown workplace back injury attorney right away.
Workers’ Compensation: Notice of Injury
An employee must follow strict rules and procedures to collect benefits after suffering injuries on the job. According to Delaware Code Title 19. § 2341, workers must file a notice of their injury with their employer within 90 days of the incident. The only exception is if the employer already has first-hand knowledge of the incident and injuries.
Failing to serve the employer with the notice of injury within the state’s statute’s requirements would prevent the employee from collecting workers’ comp benefits during the time period where they were not notified. After work-related injuries, it may be crucial to contact a legal professional as soon as possible. A knowledgeable workplace neck and back injury lawyer in Middletown can help ensure the worker meets all the procedural requirements to achieve a successful claim and secure the compensation they deserve.
Enlist the Help of a Middletown Workplace Back Injury Attorney
If you suffer back injuries while on the job, you will most likely be out of work for an extended amount of time. You may also be left with a pile of outrageous medical bills. Being unable to work and needing medical care is a highly daunting situation for most people.
To avoid erroneous denials and delays, you must follow all the rules and regulations precisely when filing for supplemental benefits. Thus, reaching out to an experienced legal professional is usually the best plan of action. A hard-working Middletown workplace back injury lawyer will fight for you and help you get the compensation you deserve. Contact The Law Offices of Doroshow, Pasquale, Krawitz, and Bhaya right away to get started.