In Delaware, most businesses with one or more employees are required to carry workers’ compensation insurance to protect workers who are injured or contract an occupational disease on the job. Under state and federal law, the affected parties can seek financial recovery for economic losses resulting from the injury.
Filing a claim for benefits can seem like a complex process that many workers find difficult to navigate on their own, particularly when dealing with the medical expenses or lost wages ramifications of their injuries. If you have suffered an injury in the workplace, an experienced Smyrna workers’ compensation lawyer can analyze the facts of the case to determine if your claim is warranted. A qualified workers’ compensation personal injury attorney can also provide you with legal guidance throughout the entire process, filing an appeal for a denied claim when necessary and exploring the possibility of pursuing additional benefits.
Filing a Workers’ Compensation Claim
When you are hurt on the job, you are required to provide your employer with a written notice of your condition. While this should be done as soon as possible, state law requires it to occur within 90 days of the workplace incident or six months after discovering a work-related illness. Once notice is received, your employer has 10 days to file a First Report of Injury or Occupational Illness form with the Office of Workers’ Compensation.
Delaware law prohibits employers from threatening, discriminating against, or firing employees who file a workers’ compensation claim. Unfortunately, throughout the process, many employees feel intimidated to prematurely settle the case without knowing the full extent of their injuries.
It is crucial to seek the legal advice of a Smyrna attorney to ensure a fair and equitable settlement that aligns with the seriousness of your injuries or illness. If an agreement cannot be made, it may be necessary for your lawyer to request a hearing before the Industrial Accident Board.
What Workers’ Compensation Benefits Are Available?
According to the Delaware Department of Labor, workers’ compensation insurance begins from the first day of employment for both full-time and part-time workers. However, certain agricultural workers or independent contractors may be exempt from filing a claim. The benefits available under the workers’ compensation law include:
- Medical care related to the illness or injury
- Vocational rehabilitation services
- Wage replacement, which includes partial or temporary total disability
- Disfigurement or permanent impairment benefits
- Death benefits (in fatal cases) for the employees’ dependents
If an employer thinks the injuries are not work-related and denies the claim, the employee can file a petition with the Office of Workers’ Compensation. A hearing will be scheduled to determine benefit eligibility, at which time legal representation can prove invaluable. Our Smyrna lawyers understand what is at stake when your workers’ comp claim is denied and will work tirelessly to appeal an unfair denial.
Contact an Experienced Workers’ Compensation Attorney in Smyrna to Discuss Your Options
Working with an experienced Smyrna workers’ compensation lawyer can not only help protect your rights but also help you get the financial recovery to which you are entitled. At Doroshow, Pasquale, Krawitz & Bhaya, we have extensive experience helping seriously ill or injured employees file a workers’ compensation claim for benefits.
Our skilled and compassionate team works hard to achieve a successful outcome, supporting you every step of the way. Contact us today to learn how our offices can help determine your eligibility, complete the necessary forms, attend court hearings as needed, and negotiate terms of the settlement, while you focus on recovering from your injuries.