Workers’ Compensation: Working With Your Doctor

At Silverman, McDonald & Friedman, we have been helping clients manage the complexities of obtaining the compensation they are entitled to after they get hurt or contract an occupational disease at work. Contact us for a free consultation today at one of our offices located in Seaford, Newark or Wilmington, and find out how we can help you.

When one of our clients has been injured at work and they file a workers’ compensation claim, one of the most common questions we get is, “Will I be able to I work with my own doctor through the process?” In Delaware, the answer is usually yes. Some people have been seeing the same doctor for years or even decades and they have developed a supportive relationship with them. However, if your doctor does not specialize in the type of injury that you have suffered, or if they are unwilling to deal with the complicated billing that is required for getting reimbursed by the workers’ compensation insurer, you will have to choose another doctor.

There are rules that doctors and other medical providers must follow when it comes to treating a workplace injury. While you are free to choose the medical provider who will oversee your workplace injury, your employer’s workers’ compensation insurer may appoint an “impartial” medical professional to examine you with regard to your workplace injury and then testify about that examination before the workers’ compensation board. Because that doctor is hired by the company or the insurance carrier, you want to make sure you have a doctor who can support your need for benefits, too.

Your doctor’s role in treating your injury

When you are choosing the doctor who will be treating you during the course of your recovery from the workplace injury, consider the fact that they will be the one who will communicate with your employer’s workers’ compensation carrier to approve how much time you will need to rest after your injury, and they will be the one to sign off on when you are able to return to work.

In order to preserve your right to workers’ compensation, make sure that you always follow your doctor’s orders for treatment of your injury or illness. If the doctor requires that you get a certain number of hours of bed rest each day, make sure that you comply with those orders.

What types of benefits am I entitled to in Delaware for workers’ compensation?

You will receive medical care including hospitalization for your on-the-job injuries. You will also receive a partial wage replacement benefit, which is about 66 2/3 percent of your regular, gross weekly wages at the time you were injured. Disfigurement benefits are available if you should end up with scarring, a burn or an amputation in a workplace accident. Workers’ compensation claimants may also qualify for temporary partial benefits if they must accept a lower rate of pay when they return to work due to their injury, and benefits for permanent impairments from a workplace injury.

While no one is required to hire a lawyer for a workers’ compensation claim in Delaware, if you have suffered a serious or even catastrophic injury at work, or if you should find yourself in a legal dispute about your benefits, it can be beneficial to you to have legal representation. Your employer’s insurer will most certainly have a lawyer, which would place you at a distinct disadvantage.

If you have questions about the workers’ compensation process, our legal team is here to help make sure you get the compensation you deserve when you have been hurt at work. At the law firm of Silverman, McDonald & Friedman, you can find experienced workers’ compensation attorneys in our Newark, Seaford, and Wilmington offices. If you are unable to visit an office in person, please call us today at 302-888-2900 or use our contact form, and we can discuss your case.