Frequently Asked Questions about Delaware Workers’ Compensation

Clients who have been injured in a workplace accident, or who have been diagnosed with an occupational disease often have many questions related to Delaware workers’ compensation benefits. At Silverman, McDonald & Friedman, we are here to answer your questions and to offer sound legal guidance about the specifics of your case. Please contact us to schedule a consultation at one of our offices in Seaford, Wilmington or Newark.

How much time do I have to file a Delaware workers’ compensation claim?

To qualify for workers’ compensation in Delaware, the injured worker must notify their employer of their injury within 90 days of the injury. Failure to give the employer notice can disqualify the worker from receiving benefits.

Q: What types of benefits are available to me after I was hurt on the job in Delaware?

A: A worker who was injured during their regular employment, and who files a workers’ compensation claim can expect to receive medical benefits, which includes all necessary medical treatments and hospitalization provided by their employer’s workers’ compensation insurer.

An injured worker would also receive temporary total disability payments if they have lost more than three days at work due to the injury. Wage loss benefits become payable after the fourth day of lost wages, and if the worker is disabled for seven days, the full disability period becomes compensable with no waiting period. Additional benefits available include:

• Temporary partial benefits
• Permanent impairment benefits
• Disfigurement benefits
• Death benefits

Q: Will workers’ compensation pay for wheelchair accessibility modifications for my vehicle?

A: In Luckenbach v. Schiff Farms, Inc., the Delaware Industrial Accident Board determined that wheelchair modification costs were appropriate under 19 Del. C.  2322(c), which authorizes the Board to determine the character of medical services to be supplied. The claimant has suffered a workplace injury which left him wheelchair-bound. He became homebound because their family vehicle was not wheelchair accessible, and his doctor testified to the psychological harm imposed on the claimant from being homebound. Given that there were few cases in Delaware of this type, the Board modeled its ruling after a similar case in Michigan which addressed the same issue.

Q: What might prevent me from being able to recover workers’ compensation benefits for a workplace injury?

A: Workers’ compensation benefits are for employees who sustain an injury during their regular employment, or who contract an occupational disease. If your injury was not sustained while you were doing your work, if you were drunk or under the influence of drugs when your injury occurred, or if you were injured in an altercation with a coworker over a dispute that was personal in nature and unrelated to your work duties. Additionally, if you fail to report your workplace injury, or diagnosis of an occupational illness to your employer within the 90-day statutory deadline, you will not be eligible to file a claim for benefits.

Q: How might I appeal a workers’ compensation decision that I do not agree with?

A: If you are not satisfied with how your workers’ compensation claim was decided, you have up to two years from the date of your injury to file a petition with the Delaware Office of Workers’ Compensation, which will schedule a pre-trial hearing. At the pre-trial hearing, you will be able to present your case detailing what evidence you plan to present and what witnesses you will call. The Delaware Industrial Accident Board will conduct the hearing. If you are still dissatisfied with the decision, you have up to 30 days to appeal the decision and request mediation.

Our knowledgeable Delaware workplace injury lawyers at Silverman, McDonald & Friedman are prepared to help you with your worker’s compensation claim. You are welcome to contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation with an experienced workers’ compensation attorney in Wilmington, Newark or Seaford today.