Things You Should Know About Delaware Workers’ Compensation Law
Delaware workers’ compensation law is a statutory system that provides benefits to workers who suffer job-related injuries or illnesses. This legal system is designed to protect both employers and employees from the financial consequences of workplace accidents. Workers comp, as it’s commonly referred to, is a crucial area for employees to understand, especially if they’re located in Delaware. This article sheds light on essential aspects of Delaware workers’ compensation law that workers should be aware of.
Understanding Delaware Workers’ Compensation
Delaware workers’ compensation law is an insurance system that employers must subscribe to, providing benefits to employees who suffer injuries or illnesses due to their work. The objective of the workers’ comp system is to cover the medical expenses, lost wages, and rehabilitation costs of injured or ill employees. It is a no-fault system, which means that employees can receive benefits regardless of who was at fault for the accident.
Eligibility for Delaware Workers’ Compensation
Almost all workers in Delaware are covered under the state’s workers’ compensation law. This includes both full-time and part-time employees, regardless of whether they are permanent or temporary. However, there are a few exceptions, including certain agricultural and domestic workers, real estate salespersons, and independent contractors.
Benefits Under Delaware Workers’ Compensation Law
Under Delaware workers’ compensation law, several benefits are available to injured workers. These include:
1. Medical Benefits: Delaware workers’ compensation covers all necessary and reasonable medical treatment related to the work injury or illness. This includes hospital stays, surgeries, medications, physical therapy, and necessary travel expenses.
2. Disability Benefits: If an employee is unable to work due to their injury or illness, they may be eligible for temporary total disability benefits or temporary partial disability benefits, depending on the severity of their condition and their ability to work.
3. Permanent Disability Benefits: If a worker’s work-related injury or illness results in a permanent impairment, they may be entitled to permanent partial disability benefits or permanent total disability benefits.
4. Death Benefits: If a worker dies due to a work-related injury or illness, their surviving dependents may be eligible for death benefits under Delaware’s workers’ compensation law.
Filing a Delaware Workers’ Compensation Claim
To file a workers’ compensation claim in Delaware, injured employees must notify their employer of the injury as soon as possible, but no later than 90 days from the date of the injury. The employer is then required to report the injury to the Office of Workers’ Compensation within ten days. If the employer disagrees with the claim or fails to report it, the worker can file a Petition to Determine Compensation Due with the Office of Workers’ Compensation.
Importance of Legal Representation
While it’s not mandatory to have a lawyer when dealing with a workers’ compensation claim, it’s often beneficial. A Delaware workers’ compensation attorney can guide you through the complex process, ensuring that you file all necessary paperwork correctly and on time. They can also represent you in hearings or appeals, should your claim be denied.
As noted above, you do not need to prove fault to pursue your Delaware Workers’ Compensation claim; your injury must be related to your work. Many times employers and workers compensation insurance companies will initially deny a claim. It is so important for you to consult with experienced workers’ compensation attorneys, such as Bove & Hedrick, Delaware Injury Lawyers, early on, to protect your interests and ensure that the insurance company pays for medical care and other benefits you may be entitled to.
Work injuries could be from work related trauma, or could be repetitive strain injuries like carpal tunnel syndrome. If you believe that you have been injured as a result of your work, please contact Bove & Hedrick, Delaware Injury Lawyers as soon as possible to schedule a free consultation, at 302-777-3500.
When people are seriously injured at work, the consequences can be devastating. In cases where there are significant benefits at issue, it is important for victims to retain an attorney that will fight for their rights. Bove & Hedrick, Delaware Injury Lawyers are committed to fighting for your rights to obtain what you are entitled to under Delaware Workers’ Compensation law.
The Delaware workers’ compensation law is designed to protect employees who suffer work-related injuries or illnesses. It provides various benefits, including coverage for medical expenses and compensation for lost wages. Understanding the eligibility criteria, the benefits available, and the process of filing a claim is key to ensuring that you receive the compensation you’re entitled to. If you’re unsure about any aspect of the process, consider seeking legal advice to ensure your rights are protected.