A workplace injury can put you in a vulnerable position. You may have expensive medical bills on top of being unable to work. The Delaware workers’ compensation system is an important legal process for employees who sustain an injury in the scope of their employment. Obtaining compensation under this program is not always easy, depending on the circumstances of your injury. Our Milford workers’ compensation lawyers are available to assist you with your claims and can work to pursue available benefits for you and your family. Reach out to Doroshow, Pasquale, Krawitz, & Bhaya to learn more.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance policy that employers must carry in Delaware to provide security for their employees if they are hurt on the job or as a direct result of their job duties. The Delaware Department of Labor is the state agency responsible for overseeing the enforcement of claims and compliance by employers. As an alternative to a personal injury lawsuit, the program allows employees to seek the following types of benefits for their workplace injuries:
- Medical benefits for necessary related treatment
- Temporary Partial or Temporary Total disability benefits
- Permanent disability benefits
- Disfigurement benefits for scars, burns, limps, or amputations
- Death benefits
Other benefits may be available in certain circumstances including reimbursement for job re-training and more. A workers’ compensation lawyer in Milford can review the circumstances to help an injured employee determine what they are eligible to receive.
Does Workers’ Comp Apply to Independent Contractors?
Workers’ compensation benefits are generally available to employees only, and independent contractors are not usually eligible. They must obtain their own insurance to cover work-related injuries.
Independent contractors may still benefit from meeting with a Milford workers’ compensation attorney to discuss their legal options. For example, an independent contractor may have claims related to employment misclassification or a personal injury lawsuit under legal theories of negligence or premises liability.
How the Workers’ Compensation Claim Process Works in Delaware
The workers’ compensation claim process can be short or lengthy, depending on if the employer disputes the employee’s claims for benefits. The process begins with the employer receiving notice of the workplace injury. The employee will undergo a medical examination by the employer’s chosen physician to assess the needed benefits. If the employee and employer cannot agree on the owed benefits, then the dispute may go to a hearing before the Industrial Accident Board. These hearings operate much like other legal processes, with the presentation of evidence and arguments to support the claim for the disputed benefits. Further appeals can take place through the Delaware court system. A Milford workers’ comp attorney can help an injured worker navigate these steps and ensure all requirements are met to minimize the risk of an unnecessary delay or denial of benefits.
Time Limits and Deadlines
An employee must file a workers’ compensation claim within two years of the incident causing injury. Occupational disease claims have a shorter one-year filing period. It is important to take swift action and include an attorney as early on in the process as possible.
Seek the Help of a Milford Workers’ Compensation Attorney
Your workplace injury can trigger important rights to benefits under the Delaware workers’ compensation program. While employers should look out for the interests of their employees after an injury, that does not always result in an employee receiving their entitled benefits. A Milford workers’ compensation lawyer can serve as an important representative and intermediary in obtaining your full workers’ comp benefits under the law. Contact Doroshow, Pasquale, Krawitz, & Bhaya to schedule a consultation today.