Workers' Compensation Dispute

Delaware Injury Law Firm

Workers’ compensation was put in place to right a serious public wrong. Back in the day, when a worker was injured on the job, they had little choice but to work through the pain or lose a job. Though lawsuits were allowed against employers, a worker normally didn’t have the financial means to take legal action against a much wealthier boss. If they did take legal action, they were most definitely fired for it. Workers’ compensation was enacted to answer this injustice. Now, a person injured on the job can get the medical attention and financial support they deserve after an accident. In exchange, they relinquish the right to take legal action against the employer, regardless of negligence. If you have filed for workers’ compensation and need an attorney that can protect your rights, contact Delaware Injury Law Firm for a consultation to discuss your legal matter.

After a workplace accident

If you have been in a workplace accident, seek medical attention. After you have sought and received medical attention, tell your employer. You both need to contact the workers’ compensation insurance carrier. If you have endured a workplace injury and it was not your fault, you are entitled to medical benefits through workers’ compensation. You have the right to all necessary treatments and hospitalization paid for by your employer or employer’s insurance carrier. In Delaware, the employee has the right to choose their physician. Below are the general benefits provided to workers or, in the event of death, their family.

  • Temporary Total Disability Benefits: Temporary total disability covers an injured employee for a limited time until they are well enough to return to work.
  • Temporary Partial Benefits: If the employee’s injury allows them to work part-time or at a lower rate than his or her previous wage, they may be entitled to two-thirds of the difference between the previous wage and the current wage.
  • Permanent Impairment Benefits: If the workplace accident injury is permanent and results in partial disability, benefits will go into effect based on the body parts affected, called a scheduled loss of use.
  • Disfigurement Benefits: In Delaware, an employee may have the right to file a petition for disfigurement for any burn, scar, or amputation related to a workplace accident injury.
  • Death Benefits: In the unfortunate case of an employee death, benefits are payable to the dependents of the worker. The amount paid will depend on the number of dependents.

When issues arise

If you are not receiving the benefits you deserve, or if the insurance company is limiting or denying your payments, it is important to consult with an attorney. Insurance companies are “for profit” and will take any opportunity to limit or deny financial support. Contact an attorney if you are not getting the support you need.

If an employer does not abide by the laws that govern workers’ compensation, the employee has a right to file a claim with the Office of Workers’ Compensation that will result in a hearing before the Industrial Accident Board. The employee has two years to file the claim for injury. Furthermore, employers are prohibited from firing or discriminating against an employee because the employee filed a claim, attempted to do so, or has testified or is about to testify in a workers’ compensation case. If your employer is breaking the law, it is important to talk to an attorney.

Contact an experienced Workers Compensation attorney

Workers’ Compensation should be in place to provide support to injured workers after an accident. For some, legal action needs to happen to preserve one’s entitlement to benefits. Whether it is an employer or the insurance company breaking the law, contact our firm. Contact Delaware Injury Law Firm for a consultation to discuss your legal matter today.


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