What You Need To Know About Workers' Compensation

Workers' compensation can feel confusing. Not only do you need to deal with an injury, but also must figure out how to navigate paperwork and medical receipts on top of it.

Delaware employees are often unprepared to deal with the process around workers' compensation claims and can lose out on the benefits they are entitled to under the law.

Our Wilmington office handles a wide variety of workers' compensation cases. Our attorneys understand the importance of filing a claim correctly and understanding the process. We help our clients navigate this system and avoid the pitfalls that can cost time and money.

Questions About Workers' Compensation

Too often, we see employees who aren't prepared to file a workers' compensation claim miss out on the benefits they are entitled to under Delaware law. We understand the frustration this can bring and want to help workers prepare for the possibility of filing a claim.

Here are a few of the workers' compensation FAQs our lawyers answer daily:

  • When should I report an injury?

Notify your supervisor or a manager as soon as you can if you have been injured, and make sure the notice is in writing and dated. Request medical services as well, to better document your injury.

  • Who's covered under workers' comp?

Any employer with more than one employee must have workers' compensation insurance. Employers cannot charge their workers for carrying this insurance. Unfortunately, independent contractors or farm workers are not automatically covered.

  • Who's responsible for paying benefits?

Contrary to popular belief, your employer is not the one who pays workers' compensation benefits. An insurance company is responsible for all compensation claims. Many employees feel guilty for pursuing claims against a business out of loyalty, but the business is not the one responsible for covering a claim. Insurance companies are.

  • Can a worker lose their job for filing a claim?

Delaware protects workers from any discrimination resulting from a workers' compensation claim. No employer can retaliate against you for filing a claim, and you cannot lose your job because you filed a claim.

  • What happens if my claim is denied?

If a claim is denied, you have up to two years from the accident to file a petition with the Industrial Accident Board of the state of Delaware. Depending on your claim, the office may schedule a hearing. It does not cost you anything to file a petition.

These are just a few of the important considerations around filing a claim after a workplace injury.

Vigorous Defenders Of Workers' Rights

Pratcher Krayer LLC advocates for workers' rights to recover after an injury suffered at work. We understand the impact these injuries can have on you and your family, as well as the stress caused by missing work.

We believe every employee deserves fair treatment, by their employer and by insurance companies. Our attorneys fight for workers, taking claims to a hearing before the Industrial Accident Board if we have to. We are ready to fight for you if you need us. Call today at 302-566-1796 or send our office an email to get started. You deserve fair treatment after any work injury.