Frequently Asked Questions about Delaware Workers’ Compensation

Each state has its own version of workers’ compensation statutes, which is a no-fault disability insurance program for employees. When an individual is injured on the job, or contracts an occupational illness due to contaminants in the workplace, they are not required to prove their employer’s negligence or fault. They must simply report the injury to their employer, file a workers’ compensation claim and then inform their employer that they have done so. Here are a few general questions that people commonly ask about how the workers’ compensation program works:

Q: What is workers’ compensation?

A:  Workers’ compensation is a no-fault, short-term disability insurance program that employers provide for employees who get injured in the course of doing their job. The benefits include, but are not limited to, wage replacement (subject to a cap), medical expenses related to the workplace injury and permanent impairment. In Delaware, employees must report the injury within ten days, and they must file a claim in a timely fashion.

Q: Do I qualify for workers’ compensation?

A: In Delaware, employees (not independent contractors) qualify for workers’ compensation when their injury was a result of regular work tasks or activities.

Q: Is my employer required to provide workers’ compensation benefits?

A: Yes. Every employer is required by law to provide workers’ compensation benefits for all of their employees. The penalty for not carrying workers’ compensation insurance is a fine equal to the insurance premium times three for one year. You can read the full Delaware code here if you like.

Q: What kinds of workplace injuries are covered?

A: Workers’ compensation covers most workplace injuries and occupational illnesses, even if they were caused by the employee’s negligence. It does not cover self-inflicted injuries, or those caused by illegal drug use or intoxication or if the employee was injured during the commission of a crime. Injuries that are not the result of an accident, but occur due to repetitive stress (for example) or certain workplace conditions are also covered.

Q: Can I lose my job for filing a workers’ compensation claim?

A:  While your employer cannot legally fire you because you filed a workers’ compensation claim, they are not bound to hold your position open while you are out of work recovering from your injuries.

Q: Is it necessary to hire a Delaware workers’ compensation attorney?

A: It is not necessary, but it is an excellent idea to do so. You are never required to hire a lawyer to file your initial workers’ compensation claim, however, if your employer denies your claim, or you encounter any other dispute an experienced Delaware workers’ compensation attorney will be your advocate and make sure you get the compensation you deserve.

Q: Is it possible to settle my claim?

A: Yes. You may settle your workers’ compensation claim if you and your employer’s insurer agree on the terms. On some occasions, when both sides have come to an agreement, the workers’ compensation hearing officer must approve the settlement.

These are just a few of the basic questions that clients often ask about workers’ compensation benefits. If you should decide to hire one of the skilled workers’ compensation attorneys at Silverman, McDonald & Friedman, you do not pay any legal fees until we win compensation for you.

Do you have questions about the Delaware workers’ compensation program? Our experienced legal team at Silverman, McDonald & Friedman can answer your questions and help you get all of the compensation to which you are entitled. From our offices in Newark, Seaford, and Wilmington we proudly serve clients throughout Delaware. Call us or fill out our contact form to schedule a consultation today.