Almost all employees in the state of Delaware qualify for workers’ compensation under Delaware employment law. Any time a covered employee suffers an injury or contracts an illness due to the conditions of their job, workers’ compensation allows them to seek financial recovery for various economic losses.
However, the process of filing for and successfully receiving sufficient workers’ comp benefits can be hard for anyone to manage alone. If you find yourself in this situation, reach out to a Wilmington workers’ compensation lawyer at Doroshow, Pasquale, Krawitz, and Bhaya. Our experienced attorneys can advise you at any stage of the process, whether you are filing for workers’ comp, appealing a denied claim, or seeking additional benefits. En Español.
How to File a Workers’ Compensation Claim in Wilmington
To seek workers’ comp benefits for a job-related injury or illness, the first step for an employee is to provide their employer with notice of their condition. This should generally be done as quickly as possible, but the hard time limits set by state law are 90 days following a workplace accident and six months after discovering that an illness is work-related. Once an employer receives this report, they have a maximum of 10 days to file a First Report of Occupational Injury or Disease form with the Officer of Workers’ Compensation. The good news is that even if these windows are missed, benefits might still be available.
At this point, the employee and employer may enter into private negotiations about appropriate benefits. In these talks, a dedicated workers’ compensation attorney in the community could advocate on behalf of the employee and fight for their rights. If parties cannot reach a consensus on this matter, a claimant may need to petition the Office of Workers’ Compensation for a hearing before the Industrial Accident Board. A claimant seeking additional benefits must file within two years following an injurious workplace accident or one year following the diagnosis of a work-related illness.
What Workers’ Comp Benefits are Available?
As long as an injured or ill employee meets all the procedural requirements associated with their workers’ comp policy, they should be able to receive restitution for all medical expenses related to their condition. Additional benefits may also be available if an injury or illness leaves a worker temporarily or permanently disabled.
Generally, workers’ comp disability benefits equate to two-thirds of the claimant’s average weekly wage before their injury, with a minimum and maximum amount set by the Department of Labor each year. This amount is paid for a specific period of time, depending on the severity and longevity of their disability. A workers’ compensation lawyer can assess what benefits a Wilmington employee is eligible for during a private consultation.
Seek Legal Advice from a Wilmington Workers’ Compensation Attorney
There are many procedural hoops to jump through to successfully claim workers’ compensation. Whether you are beginning the filing process or have already been rejected for these benefits, working with a seasoned attorney can help you get the financial aid you deserve.
A Wilmington workers’ compensation lawyer can stand by your side from start to finish of the claims process and tirelessly fight for a favorable final outcome in your case. Call Doroshow, Pasquale, Krawitz, and Bhaya today to learn how we can help you.