Understanding Workers’ Compensation Laws in Delaware

Serving injured DE workers in Seaford, Wilmington, and Newark

Workers’ compensation is a no-fault system that is available in every state to provide benefits to workers who have been injured on the job, or who contract an occupational disease from their workplace environment. Every Delaware company that has at least one employee is required by law to carry workers’ compensation insurance. When an employee gets injured on the job, they must notify their employer within 10 days.

At the law firm of Silverman, McDonald & Friedman, our attorneys can provide legal assistance for securing workers’ compensation benefits, settling any dispute about benefits and appealing any adverse decisions on the part of the employer’s workers’ comp insurance carrier. We keep offices in Seaford, Newark and Wilmington, Delaware to ensure that we’re always close by when you need us, and available to answer any questions you have – and those you haven’t thought of, yet.

What does Delaware workers compensation law provide?

The benefits of Delaware Workers’ Comp Law include medical care, temporary disability payments, and compensation for a permanent impairment suffered on the job. When a workplace injury or illness leads to more than three days of lost work time, temporary total disability compensation becomes payable beginning on the fourth day. After a worker’s claim has been approved, he or she will receive benefits weekly. Sometimes, however, it is necessary to petition the Office of Workers’ Compensation if there is a dispute between the employee and the insurance company.

Note that farm workers are exempt from the workers’ compensation statute. However, farm workers’ employers may elect to provide worker compensation insurance coverage for them. Workers considered to be independent contractors, rather than employees, are not covered.

What is the process for filing a claim?

It is the worker’s responsibility to make sure that all paperwork is filed correctly. Those seeking to file a claim should seek legal advice to make sure their claim is properly handled and their rights are protected, especially in cases of serious injury or death. Make sure you:

• Immediately notify your employer in writing of the injury or occupational disease and request medical services.
• Give notice of your claim promptly to the employer.
• If you to reach an agreement with your employer with regard to compensation, you can file a petition with the Office of Workers’ Compensation for a hearing before the Industrial Accident Board on the matters at issue. Forms can be obtained from the Office of Workers’ Compensation. Our attorneys can guide you through this entire process.

If benefits are awarded, who pays them?

Benefits are paid by the employer or the employer’s workers’ compensation insurance carrier. Employers are not allowed to charge an employee for any portion of the premium or expense of carrying workers’ compensation insurance.

Can an employer penalize a worker for filing a claim?

The workers’ compensation statute prohibits an employer from firing or discriminating against an employee who has claimed workers’ compensation benefits. It is also against the law for an employer to penalize an employee for testifying in a worker’s compensation case for a colleague.

One of the benefits of working with a knowledgeable Delaware workers’ compensation attorney is that you always have an advocate on their side who will assert and protect your rights and negotiate aggressively on your behalf for the best outcome possible. At Silverman, McDonald & Friedman, we do not stop until you have received all of the benefits that you are entitled to have.

Contact our Delaware workers’ compensation legal team for more information

If you have been injured at work, you will likely have many questions about the law and how it applies to your situation. You may contact the Delaware offices of Silverman, McDonald & Friedman today for a free consultation to discuss your case. You can reach us toll-free at 302-888-2900 or complete our contact form to schedule an appointment in our Wilmington, Seaford, or Newark location.