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Injured Workers Must Seek Compensation For Work Injuries
Workers’ compensation injuries can have a profound emotional and traumatic impact on individuals and their families. Suffering injuries in the workplace can shatter a person’s sense of safety and security. The physical pain and limitations resulting from an injury can lead to feelings of frustration, helplessness, and loss of independence.
The financial strain caused by medical bills, lost wages, and ongoing rehabilitation can add to the emotional burden. Workers may also experience anxiety and fear about their ability to return to work and support their families. Moreover, the psychological impact of a workplace injury, such as post-traumatic stress disorder (PTSD) or depression, can further exacerbate the emotional toll.
As Delaware workers’ compensation lawyers, we understand how complicated workers’ compensation cases can be. We know that suffering workplace harm can be a life-changing event. Navigating the workers’ compensation system can be overwhelming, with complex paperwork, delays, and disputes. Dealing with insurance companies and potential employer conflicts can heighten stress and anxiety.
We pride ourselves on providing top-notch legal representation to help workers receive the compensation they are entitled to. Our team of workers’ comp attorneys is passionate about helping our clients achieve the best possible outcome from their claims. We believe in providing personalized attention to each client and treating every case as a top priority.
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Delaware Workers' Compensation Law
Delaware’s workers’ compensation law is a legal system designed to protect employees who have sustained job-related injuries or illnesses. Employers must obtain employee insurance per the Delaware Workers’ Compensation Act. If an employee is injured or falls sick while performing their job duties, they are entitled to benefits provided by this act from the employer’s insurance company.
Here are some key provisions of the workers’ comp law in Delaware:
Coverage: All employers in Delaware are required to carry workers’ compensation insurance. This includes full-time and part-time employees, as well as some independent contractors.
Benefits: In Delaware, benefits may include medical costs, wage replacement, and vocational rehabilitation. The benefits depend on the severity of the injuries or illnesses and the employee’s average weekly wage.
Time Limits: In Delaware, injured employees have two years from the date of the injury to file a claim. If the injury is an occupational disease, the employee has two years from the date they knew or should have known about the disease to file a claim.
Disputes: If there is a dispute over benefits, the employee can file a petition with the Delaware Industrial Accident Board. The board will schedule a hearing and decide on the issue.
Retaliation: It is illegal for employers to retaliate against employees for filing a claim. If an employer retaliates, the employee may be entitled to additional damages.
Overall, the law in Delaware is designed to provide injured workers with the financial support they need to recover from their injuries and return to work. If you have been injured on the job, you must speak with experienced workers’ comp lawyers who can help you navigate the complex legal system and ensure you receive the benefits you are entitled to under the law.
Contact Schmittinger & Rodriguez
If you have been injured due to someone else’s negligence, don’t hesitate to contact Schmittinger & Rodriguez. Our experienced attorneys will provide you with the legal counsel and representation that you need to get the best possible outcome for your case. Contact us today for a free consultation – YOUR CASE. OUR PRIORITY.
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Delaware's Workers' Compensation Eligibility
Most employees who experience a work-related injury or illness can access workers’ comp benefits. This covers full-time and part-time employees and some independent contractors who meet specific criteria. For instance, individuals who perform tasks vital to the employer’s business may qualify. In most cases, even if the employee was responsible for their injury or illness, they are still eligible for benefits.
However, there are some exceptions to this rule. For example, workers’ comp insurance may not cover domestic workers, casual employees, and certain agricultural workers. Additionally, some volunteer workers may not be eligible for benefits, although some employers may choose to provide coverage for them.
It is important to note that benefits are typically paid regardless of fault. This means that even if the employee was partly responsible for their injury, they may still be entitled to coverage. However, if the employee was under the influence of drugs or alcohol at the time of the injury, they may be ineligible.
Injuries That Qualify For Workers' Compensation In Delaware
In Delaware, the Workers’ Compensation Act benefits employees who have suffered an injury or illness arising from and during their employment. Here are some of the most common types of claims:
Traumatic Injuries:
Broken bones
Sprains and strains
Back and neck injuries
Concussions and other head injuries
Burns
Cuts and lacerations
Amputations
Eye injuries
Repetitive Motion Injuries:
Carpal tunnel syndrome
Tendonitis
Bursitis
Epicondylitis (tennis elbow)
Rotator cuff injuries
Trigger finger
Occupation Illnesses:
Cancer
Lung disease
Hearing loss
Asbestosis and other asbestos-related diseases
Mesothelioma
Skin conditions
Repetitive stress injuries
Work-Related Diseases and Conditions:
Infectious diseases (e.g., hepatitis, HIV, COVID-19)
Stress-related conditions (e.g., anxiety, depression, post-traumatic stress disorder)
Heart attacks and strokes caused by work-related stress
Injuries Caused by Workplace Violence:
Assaults by co-workers or customers
Robbery-related injuries
Injuries caused by domestic violence that spills over into the workplace
Injuries Caused by Motor Vehicle Accidents:
Car accidents that occur while on the job
Delivery drivers who are injured while making deliveries
Truck drivers who are injured while driving or unloading cargo
Slip and Fall Injuries:
Falls from ladders or scaffolding
Slip and fall injuries on wet or uneven surfaces
Falls down stairs or from elevated areas
It is important to note that this list is not exhaustive, and there may be other types of workplace injuries that qualify for compensation in Delaware. If you have been injured on the job, you must speak with experienced workers’ comp lawyers to determine your workers’ comp benefits and your rights and options under the law.
The Workers' Compensation Benefits In Delaware
Delaware’s workers’ comp benefits are designed to provide financial support to employees who suffer job-related injuries or illnesses. For an on-the-job injury, coverage may include:
Medical Expenses: Delaware law covers all reasonable and necessary medical costs related to work-related injury or illness. This includes doctor’s visits, hospital stays, surgery, medication, physical therapy, and other medical treatments.
Wage Replacement: Employees who cannot work due to a work-related injury or illness may be entitled to wage replacement benefits. In Delaware, wage replacement is typically calculated as a percentage of the employee’s average weekly wage. The wage replacement amount depends on the injury’s severity and how long the employee cannot work.
Vocational Rehabilitation: Employees may be entitled to vocational rehabilitation services if they cannot return to their previous job due to a work-related injury or illness. These services may include job training, education, and other support to help the employee find new employment.
Permanent Disability: If an employee suffers a permanent disability due to a work-related injury or illness, they may be entitled to permanent disability benefits. The amount depends on the extent of the disability and the employee’s average weekly wage.
Death Benefits: If an employee dies due to a work-related injury or illness, their dependents may be entitled to death benefits. These may include compensation for funeral expenses and ongoing financial support for the employee’s dependents.
It is important to note that Delaware’s benefits vary depending on the specific circumstances of the injury or illness. If you have been injured on the job, you must speak with an experienced workers’ comp attorney who can help you understand your rights and options under the law.
If Injured On The Job?
Work injuries happen every day. They may be auto accidents or catastrophic injuries. In any case, a worker is entitled to compensation for serious injury even if the employer refuses or the employer denies any wrongdoing on their part.
If you are injured on the job in Delaware, there are several steps you should take to ensure that you receive the benefits you are entitled to:
- Notify your employer: You should notify your employer of your injury as soon as possible. You should report the injury to your supervisor or HR department immediately after it occurs. Delaware law requires injured employees to report their injuries to their employer within 90 days.
- Seek medical attentiont: Call 911 or go to the nearest emergency room if your injury requires emergency medical attention. If your injury is not an emergency, you should make an appointment with a doctor approved by your employer's insurance carrier.
- File a workers' compensation claim: You should file a claim with your employer's insurance carrier as soon as possible after your injury. You can obtain the necessary forms from your employer or download them from the Delaware Department of Labor's website.
- Follow your doctor's instructions: It is essential to follow your doctor's instructions regarding your medical treatment and any work restrictions. Failure to comply with medical treatment or work restrictions could result in the denial of your benefits.
- Keep records: You should keep records of all medical treatment related to your work injury and any expenses related to your injury, such as mileage to and from medical appointments. You should also keep copies of all forms and correspondence related to your claim.
- Consult with an attorney: If you have questions or concerns about your claim, or if your claim is denied, you should consult an experienced workers' compensation attorney. An attorney can help you navigate the complex legal process and protect your rights.
Remember, you must report your injury and file an injury claim immediately after your injury. Delaying can jeopardize your ability to receive workers’ comp coverage.
How We Can Help You with Your Workers' Compensation Case
If you have been injured on the job, it is vital to contact an experienced work injury lawyer as soon as possible. A Schmittinger & Rodriguez Delaware workers’ comp lawyer can help you in many ways, from dealing with medical bills, lost wages, and the workers’ comp process. In addition, we can help you with the following:
- Filing Your Claim: We can help you file your claim and ensure all necessary paperwork is submitted correctly and on time.
- Gathering Evidence:We can gather evidence to support your workers' comp claim, such as medical records, witness statements, and accident reports.
- Negotiate with Insurance Companies: We can negotiate with the insurance company on your behalf to ensure that you receive the maximum compensation you are entitled to under the law.
- Appealing Denials: If your claim is denied, we can help you appeal the decision and fight for your rights in court.
The bottom line is a serious injury claim is a serious matter. You need time to recover. What you don’t need is emotional energy spent on medical bills and the legal issues that need to be resolved. This is the job of you Delaware personal injury lawyers, here in Dover, DE, Kent County, and throughout the state.
Why Schmittinger & Rodriguez Is Right For You
Our workers’ compensation attorneys have decades of experience representing injured workers in Delaware and understand the legal remedies available to secure compensation for your workplace incident.
We will work diligently to ensure that your case is handled professionally and ethically and that you receive the benefits you have worked hard to secure. Call us now for a free consultation, and let our team of skilled lawyers fight for the justice you deserve! Contact us for a free consultation to discuss your workers’ compensation case. Remember, YOUR CASE is OUR PRIORITY!
Frequently Asked Questions
The workers' compensation claims process varies from state to state. In Delaware, workers must notify their employer within 30 days of an accident or injury resulting from their employment activities. This can be done by submitting a written notice of the claim. Still, it is strongly recommended that you also discuss your situation with a workers' comp lawyer at Schmittinger & Rodriguez as soon as possible. After that, workers have up to 60 days after receipt of the Employer's Statement to file a workers' comp claim with the Department of Labor in Delaware.
No. It is illegal for an employer to fire you or retaliate in any way for filing a workers' comp claim. If you believe your employer has violated this law, contact Schmittinger & Rodriguez immediately, and we will help protect your rights.
In Delaware, workers have two years from the date of the injury to file a workers' comp claim. If the injury is an occupational disease, the employee has two years from the date they knew or should have known about the disease to file a claim.
In Delaware, your employer can select the doctor to treat your work-related injury or illness. However, you may request a second opinion from another doctor.
If your employer does not have workers' compensation insurance, you may be able to file a claim with the Delaware Uninsured Employers' Fund. This fund benefits injured workers when their employer does not have insurance.
