Workers’ Compensation and Immediate Medical Need

Delaware workers who are injured while doing their job are required to give their supervisor or employer notice of the injury as soon as possible. At Silverman, McDonald & Friedman, we help you file a timely notice while asserting your right to prompt medical care. Call us in Newark, Seaford, or Wilmington to make an appointment with a workers’ compensation lawyer today.

There are three primary reasons why the worker must notify the employer:

1. The notice is verification that you did indeed suffer a workplace injury. If you wait, the employer may deny that an accident occurred or try to argue your injuries were caused by some other event such as a fall at home.
2. Once the employer is notified of a workplace injury, the employer is required to notify its insurance company that an employee needs help. The employer must also report the injury to the state workers’ compensation commission. According to the Delaware Workers’ Compensation Commission, employers must file a “First Report of Occupational Injury or Disease within 10 days in writing to the Office of Workers’ Compensation and their insurance carrier.”
3. Once a notice is filed, the employer must inform the worker which doctor will supervise his/her treatment. The worker can choose his/her own doctor or a doctor that the employer recommends. It’s better to choose your own doctor rather than the company doctors because the company doctors are focused on getting you back to work as quickly as possible – often before you’re physically able to work.

Many states do require that employees choose a doctor from a panel of company doctors. Delaware is NOT one of those states. Employees can choose their treating doctor. The employer does have the right to request an independent medical exam to verify the treating doctor is working towards your best health outcome.

Medical emergencies

There are many reasons why a worker may not be able to immediately notify (in writing or orally) the employer about a workplace injury. For example:

• A worker may be involved in a car accident. The police may arrange for an ambulance to take the worker to a local ER because the worker is unconscious or in severe pain.
• A worker is working away from the main office location. Workers who fall, are attacked, or suffer any serious injury may not be physically able to notify the employer until after they’ve received medical treatment.
• There’s no available supervisor. Even when accidents happen at work, there may not be a supervisor on duty or the company may not have a supervisor. Employees who need immediate medical treatment should not have to wait until the next day to obtain a supervisor or employer approval.

Generally, the employee has the right to receive emergency treatment and to expect that the employer’s insurance company will pay for that treatment. If an employer fails to make timely payment of ER claims and other emergency medical expenses, the worker can file a petition, with the help of an experienced Delaware workers’ compensation lawyer, demanding that the medical claims be paid.

Once the worker is stable enough to notify the employer about the accident, he/she should do so immediately. Failure to file a timely notice once the worker is physically competent may jeopardize the work injury claim.

According to the Delaware Code: § 2341:

Unless the employer has actual knowledge of the occurrence of the injury or unless the employee, or someone on the employee’s behalf, or some of the dependents, or someone on their behalf, gives notice thereof to the employer within 90 days after the accident, no compensation shall be due until such notice is given or knowledge obtained.

If necessary, an experienced Delaware workers’ compensation lawyer will request that the ER doctors or treating doctor certify that the worker was in no condition to communicate with a supervisor or employer.

Injured workers have the right to get better. Delaying treatment means more than just more pain. Delays can mean that medical conditions worsen to the point that there is no recovery – injuries become permanent or death occurs. At Silverman, McDonald & Friedman, our dedicated Delaware workers’ compensation lawyers work with your doctors to understand all your medical needs. We demand payment of all your medical bills including emergency care. To schedule an appointment, call us at 302.314.5553 or use our contact form. We have offices in Wilmington, Newark, and Seaford.