What Injured Workers Wish They Knew About their Workers’ Compensation Claim

Silverman, McDonald & Freidman has upheld the rights of injured employees throughout Delaware for years. To schedule a free consultation with an experienced workers’ compensation lawyer in Newark, Wilmington or Seaford, please contact our firm.

Those who have gone through the process of filing a workers’ compensation claim have learned a thing or two that might have been helpful to know at the outset. Have you heard the expression, “Hindsight is 20/20?” It means that there are things you know now that you wish you knew prior to doing something new. If you are reading this, you are hopefully at the beginning of the process of filing a workers compensation claim and you can benefit from some of these tips.

• Be sure to report the accident and your injury within the deadline.

If you fail to report your injury to your employer in a timely manner, you risk losing your right to compensation.

• File your workers’ compensation claim promptly.

You should also file your claim for workers’ compensation right away. Your human resources representative will provide you with the forms you will need to fill out. Once again, failure to complete these forms promptly and accurately can result in you losing your right to receive compensation for your injuries.

• Pursue an appeal immediately if your claim is denied.

In the event that your initial claim has been denied and you want to appeal that decision, you might want to consult with an experienced workers’ compensation attorney to get some assistance in preparing your case.

• Do not give a recorded statement to your employer’s insurer.

Keep in mind the fact that your employer’s insurer is not on your side. Their mission is to pay you as little as possible or not at all. By asking you to provide a recorded statement, they are actually gathering evidence that they can use against you with regard to your injury. However, if you do not cooperate with the insurer, they may deny your claim. So, if it seems as if the recorded statement is going to be a deal-breaker, you might consider working with a workers’ compensation attorney who will assert and protect your rights to fair compensation when you have been injured.

• Do not miss your doctor appointments.

Your workers’ compensation benefits include medical expenses, so make sure that you attend every scheduled doctor visit.

• Follow doctor’s orders.

Adhere to the limitations on what activities you should and should not be doing while you are recovering from your injuries. Failure to do so could put your benefits in jeopardy.

• Keep a record of all of your medical expenses related to the injury.

Keep all of the receipts for any medical expenses that you incur related to the injury.

• Do not underestimate the emotional toll your injury may take.

It is not uncommon for those who have suffered a debilitating or painful injury to develop depression. If you feel depressed, or if you think you might be suffering from post-traumatic stress, talk to your doctor and your attorney and get their guidance about how to proceed.

• Consult with an attorney about your rights.

Even if your injury seems “minor” to you, you may benefit from working with a knowledgeable workers’ compensation attorney from the law firm of Silverman, McDonald & Friedman. If you need to file an appeal, or resolve any kind of dispute with your employer’s insurer or the Delaware Workers’ Compensation Commission, you can benefit from having professional, legal representation.

You will likely have many questions after you have suffered an injury in a workplace accident. One of our experienced Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman can answer your questions and represent your interests when you have been injured or are facing an occupational illness. Please call 302-888-2900 fill out our contact form to make an appointment for a free consultation at our offices in Wilmington, Newark or Seaford today.