The Truth about Making a Claim for Workers’ Compensation Benefits in Delaware
At Silverman, McDonald & Friedman, we have helped countless injured workers obtain the benefits they need in order to protect and provide for themselves when they are unable to work. If you wish to speak to one of our workers’ compensation lawyers in Newark, Wilmington or Seaford, please contact us and schedule your consultation today.
In our time as workers’ compensation lawyers, we’ve found that a lot of our clients ask very similar questions, or have very similar ideas, about how the process for collecting benefits works. Most of the time, though, those ideas come from something someone told them, or some opinion piece they read – not from an experienced workers’ compensation attorney who practices in Delaware. We wanted to address some of the more common pieces of misinformation out there, so that you can be better prepared when you come to our offices for a visit.
This list is for you if you find yourself saying, “But I thought X” when it comes to collecting workers’ comp:
- I can’t see my doctor. This is one of the most common pieces of misinformation out there. Your employer’s insurance company will want you to see their doctor, but under Delaware law you can see any doctor you choose – even doctors who are out-of-state, in certain circumstances.
- I cannot collect compensation for more than two years. Actually, you may be able to collect workers’ compensation benefits indefinitely, depending on the type of injury you sustained.
- I could sue my employer for more money. No, you can’t – usually. Delaware law only allows you to make a claim for workers’ comp if you are injured on the job. However, if you are a contractor, a site visitor, or have been injured because of a third party’s negligence, then you may be able to file a personal injury lawsuit to collect compensation.
- I have to take whatever is offered to me by the insurance company. Your benefits will be based on your average weekly wage, but what the insurance company considers “average” and what is actually average often differ. It’s one of the many reasons you should consult with an experienced workers’ compensation lawyer.
- I’ll save money if I don’t use an attorney. Actually, you may lose money if you try to do this alone. The claims process may look simple, but unless everything is in perfect order, you risk losing your benefits altogether. Besides – not only do we negotiate better weekly wages when possible, but we also fight on your behalf if your initial claim is denied. And if you try to go through the process on your own, your chances of being denied will increase.
Our Delaware workers’ compensation attorneys have been doing this a long time, and we know what it takes to build a successful claim. If you were injured in the course of your duties and have questions about the claims process, Silverman, McDonald & Friedman can help. To schedule your free consultation with an experienced workers’ compensation lawyer in Newark, Seaford or Wilmington, please call 302-888-2900, or fill out our contact form.
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.