Why Was My Delaware Workers’ Compensation Claim Delayed?
Silverman, McDonald & Freidman is dedicated to representing the rights of injured workers throughout Delaware. You may schedule a free consultation with an experienced workers’ compensation lawyer in Newark, Wilmington or Seaford by contacting our firm.
The Delaware workers’ compensation system provides a process by which an injured or sick worker can file a claim for temporary disability payments while they are missing work due to the injury, and coverage for the medical expenses associated with the workplace injury. However, sometimes there can be delays in the system, which can cause hardship for the injured worker. Engaging the services of an experienced Delaware workers’ compensation attorney can help make sure that your rights are protected and that your employer’s insurer is held accountable for unjustified delays.
An employee has 90 days in which to report the injury to their employer and then two years in which to file a claim for workers’ compensation benefits from the state. The employer or their workers’ compensation insurer has 15 days within which to report their knowledge of the work-related injury to report the incident to the Delaware Workers’ Compensation Commission. The first payment of compensation shall be paid by the employer or its insurance carrier no later than 14 days after the claim has been approved. (19 Del. Laws. c. 3. § 2362)
Common types of Delaware workers’ compensation delays
There are many issues that can arise in a workers’ compensation case that can cause delays including the instances where you might be required to change doctor. You might experience a delay when it comes to obtaining authorizations for the most basic treatments if it requires a referral to a specialist.
Other delays might include waiting for appeal hearings, which can often get re-scheduled once or twice before they finally take place. While the actual mediation process (which is voluntary in Delaware) can be completed quickly, there can be a delay in getting that process started.
Was your workers’ compensation unjustly delayed?
If you have been injured and you are unable to go back to work, you have filed for workers’ compensation benefits but you have been facing delay after delay this can have devastating consequences in your life. You can fall behind on your mortgage or rent and car payments and other expenses. Your employer’s insurer might wait until you have exhausted the Delaware workers’ compensation appeals process rather than approve the claim. If you and your attorney believe that your workers’ compensation for a verifiable workplace injury or diagnosis of an occupational disease claim has been unjustly delayed, you do have a legal recourse.
Delaware law does recognize a cause of action for bad faith against a first-party insurer. (18 Del Admin. Code. §902 (1977/2003). The insured must show that the insurer denied insurance benefits and that the denial was without any reasonable justification. An insurance company that refuses to pay benefits or refuses to approve necessary medical care, disputes or delays your benefits without providing a legitimate reason you may be able to file a bad faith insurance lawsuit.
Sometimes when you file a works compensation claim things do not go as smoothly as you thought they would. 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 and you are facing a dispute with your employer’s insurer or the Delaware workers’ compensation commission. 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 to discuss your case today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.