What are the Most Common Complaints about Workers’ Compensation Claims?
At Silverman, McDonald & Friedman, we have been helping clients obtain the compensation they are entitled to after a workplace injury. Contact us for a no-obligation consultation today at one of our offices in Seaford, Newark or Wilmington, and find out how we can help you.
When you sustain an injury during the course of performing the regular tasks for your job, or if you suffer from an occupational disease caused by environmental conditions in your workplace, you may be entitled to workers’ compensation. Workers’ compensation is a state run, no-fault system designed to streamline the process of compensating workers when they are injured at work without the need to sue their employer. Employees receive a partial wage-replacement disability payment for the time they lose at work recovering from their injury or illness along with medical expenses related to the workplace injury.
Whenever there is any kind of dispute with either your employer’s workers’ compensation insurer or the Delaware Workers’ Compensation Commission, you might want to hire an experienced Delaware workers’ compensation attorney to protect your interests. The other side certainly has legal representation, so the last thing you want to deal with when you are not feeling well is going up against big, corporate attorneys whose mission is to make sure that you get compensated as little as possible for your injuries or illness.
Common complaints about workers’ compensation
The following is a few examples of the common complaints that we hear from clients about the workers’ compensation system:
- It takes far too long to process my claim. A claim that has been contested can take as long as two years to resolve. If your case requires a specialized medical opinion, depositions and other pre-hearing processes, it can drag the case out for months on end.
- My claim was denied. In an effort to keep premiums affordable for employers, workers’ compensation insurers often deny initial claims. If there is even a hint of inconsistency, if the incident was not witnessed or if you failed to notify your employer within the deadline of 10 days, your claim may be denied initially. You can work with your workers’ compensation lawyer to file an appeal.
- I do not think the settlement amount is fair. You were just doing your job when a piece of equipment slipped and caused you to suffer from a broken leg and foot, which will have long-term consequences for your life and your ability to do your job safely. When you found out the amount of the settlement workers’ compensation was offering, you were quite disappointed. It is not uncommon for claimants to express their disappointment at the settlement amount for their workers’ compensation claim.
- My boss fired me because I am not able to come back to work now. When your doctor notifies you that you have reached MMI and recommends that it is time for you to return to work, but you decide to stay home a bit longer because you are still in a lot of pain, or do not yet feel up to taking on your work duties, your employer may terminate you. They may not fire you simply because you have filed a workers’ compensation claim because that is against the law.
What recourse do I have?
If your claim has been denied and you want to appeal your case, your attorney can help make sure that you present a compelling case. An experienced Delaware workers’ compensation attorney has helped countless workers obtain the compensation they deserve. If you feel you have been discriminated against, or denied a workplace accommodation because of your disability, you can also file a complaint with the State of Delaware Office of Anti-Discrimination.
If you have complaints and questions about the workers’ compensation process, we are here to help make sure you get the compensation you deserve. The law firm of Silverman, McDonald & Friedman, has offices in Newark, Seaford, and Wilmington. If you are unable to visit an office in person, please contact us today.
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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.