Do You Know Your Delaware Workers’ Compensation Rights?

At the law firm of Silverman, McDonald & Friedman, we listen to you, and we offer legal guidance and support. You are invited to contact us to schedule a free consultation with a workers’ compensation lawyer in Newark, Seaford or Wilmington.

You work hard at your job and you rely on the salary you earn to take care of yourself and your family’s needs. But then one day there is an accident at work and you suffer serious injuries that require you to have surgery and miss time at work so that you can rest and recuperate from your injuries. You might know that workers’ compensation benefits are available to you, but do you know your rights? Let’s explore your rights and responsibilities when it comes to filing a workers’ compensation claim in Delaware.

Employers in Delaware with one or more employees is required by law to have workers’ compensation insurance. There are harsh penalties for employers who do not comply with the law.

Reporting the accident

Even if you do not plan to claim workers’ compensation benefits right away, you have a responsibility to report the accident or incident that caused your injury to your employer. You may shake it off and feel fine enough to go back to work, but then in a day or two you might start feeling new aches and pains from the accident. If you do not give notice of the accident or injury to your employer, you may not be eligible for future workers’ compensation benefits related to this incident. In addition to reporting the incident or accident, you must also copy your employer any notice of claim for workers’ compensation.

What types of workers’ compensation benefits are available in Delaware?

Employees who suffer workplace injuries are entitled to medical benefits for the work-related injury

• Partial wage replacement benefits. Delaware employees may be eligible to receive temporary total disability benefits at 66 2/3 percent of their gross weekly wages.
• Temporary partial disability benefits and permanent impairment benefits and disfigurement benefits are also available.
• Death benefits. When a worker dies in a work-related accident, or a result of an occupational disease, the employee’s dependents may receive death benefits and up to $3500 in funeral expenses.

What to do if your employer seems to be acting against you because you filed for workers’ compensation

While your employer is not required to hold your position open when you lose time at work because of a workplace injury, it is against the Delaware workers’ compensation laws for an employer to retaliate against an employee because they have filed a workers’ compensation claim. If you believe that your employer is retaliating against you because your filed a workers’ compensation claim, you can speak to an experienced, Delaware workers’ compensation attorney who will help you file a complaint and make sure that you receive all the benefits that you should be receiving.

I was hurt at work, but my employer denied my workers’ compensation claim. What can I do?

If you were injured at work, you notified your employer of the injury but now your employer denies your claim you may file a petition with the Delaware Office of Workers’ Compensation. While an employee is not required to have an attorney to file a petition, they should be aware that their employer will have legal counsel to represent their interests.

If you have been injured at work or if you are facing a dispute about your workers’ compensation benefits, you are welcome to give us a call at 302-314-5533 or fill out our quick contact form. The Seaford, Wilmington and Newark workers’ compensation lawyers of Silverman, McDonald & Friedman are on your side.