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What You Need To Know About Workers’ Compensation In Delaware

Until you get injured at work, it’s likely that you are familiar with this insurance program but hazy on the specifics. When you do need to apply for benefits, it can be overwhelming to navigate this intricate process without support.

Consider this page your introduction to workers’ compensation in Delaware, provided by me, attorney Joe Stanley of Schwartz & Schwartz, Attorneys at Law, P.A. I’ve worked with countless clients in situations similar to yours, so I know what you’re looking for: an overview of this process, the injuries workers’ comp cover and the types of benefits included.

Read on to learn more and check out my FAQ page to get answers to specific questions you may have about workers’ compensation. If these pages don’t give you the information you need, don’t hesitate to call my firm at 302-549-0037 to schedule a free consultation with me, Joe Stanley.

Workers’ Compensation Insurance

Most, but not all, Delaware employers are to carry insurance that covers their employees’ medical bills and other expenses if their workers get injured on the job. Although it’s the insurance company that pays out benefits, it’s up to the injured worker to get the process moving.

The Process

Applying for benefits is similar to submitting a claim with an insurer after a car accident. Even though you may be entitled to receive benefits, insurance companies go out of their way to make you “earn” benefits. You need to provide a lot of documentation to support your claim, using medical terms and industry-specific jargon that may be outside your regular vocabulary.

If your benefits are approved, your journey ends here. If they are not, you are able to appeal the decision. After you submit your petition for benefits, you’ll need to present your evidence in hearings before a hearing officer or the Industrial Accident Board.

Injuries Covered

Workers’ compensation benefits cover a range of injuries and work-related illnesses, including:

  • Amputations
  • Back, shoulder and neck injuries
  • Bone fractures
  • Paralysis
  • Repetitive stress injuries
  • Medical conditions arising from repeated exposure to chemicals, stress and other work-related hazards

Benefits Included

Workers’ compensation benefits extend beyond medical treatment. Depending on the extent of your injuries or medical condition, you could receive:

  • Temporary total disability benefits that cover a portion of your lost wages after three days and before seven days.
  • Temporary partial benefits, which cover wages lost because of the work that you are able to do after your accident is paid at a lower rate or you are no longer able to work full time.
  • Permanent impairment benefits to compensate injured workers suffering from a permanent disability.
  • Disfigurement benefits to cover scars, burns or amputations that were caused by the accident or resulting surgery.
  • Death benefits that are paid to the deceased worker’s dependents.

It can be tricky to determine which benefits you are eligible to receive. If you submit a petition for the wrong type of benefits, your claim could be denied. If you do not request the full range of benefits you deserve, you could lose access to the benefits that you deserve.

When you work with me, I will use my extensive understanding of Delaware’s workers’ compensation laws and procedures to present the strongest case possible.

Do You Think You Have A Claim? Contact Me For Advice.

I offer free, no-obligation consultations to all potential clients because I want to help you get full benefits for your injuries. Call my Dover office at 302-549-0037 or send me an email to get started.