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Understanding Workers’ Compensation Claims in Delaware: A Guide

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Understanding Workers’ Compensation Claims in Delaware: A Guide

Understanding Workers' Compensation Claims in Delaware: A Guide

Workers’ compensation can be useful for covering a variety of expenses after suffering an injury on the job. However, this process can become complicated when employers deny workers’ compensation. You may not have to settle for this if you can prove your eligibility for workers’ compensation. Feel free to talk to a Wilmington accident attorney to find out more about what steps you can take.

WHAT WORKERS’ COMPENSATION CLAIMS COVER 

The way workers’ compensation works is by offering financial compensation for employees when they are injured on the job. Conflicts arise when employees and employers disagree about what counts as being on the job. A worker traveling to a job site, for example, might lead employers to argue that the injury occurred outside of the work site.

Looking at Delaware workers’ compensation laws can help clarify this and what is covered financially. According to Delaware laws, workers’ compensation targets coverage for permanent injuries that involve medical services. Compensation can be used for various costs related to the injury like:

  • Medical appointmentsUnderstanding Workers' Compensation Claims in Delaware: A Guide
  • Hospital stays
  • Surgical services
  • Medications
  • Medical supplies
  • Funeral costs

Employers are also expected to furnish medical services needed while the employee is disabled or recovering from the injury. If the employer refuses to furnish these services, then the employee may receive the costs of these services. Employees can also deny these services from the employer. 

WHAT IF MY EMPLOYER DENIES WORKERS’ COMPENSATION? 

Many people wonder what their legal options are if their employer denies them workers’ compensation. In response to denied workers’ compensation, you have several options. You can file a petition for compensation within two years after the incident. This petition must be filed with the Office of Workers’ Compensation.

Sometimes this will resolve the conflict with the employer. However, if the employer still refuses to pay workers’ compensation, then the petition can be taken to a court hearing. When this happens, you will be expected to prepare a deposition for you to testify or for an expert witness to testify.

Something important to be aware of is that employers are required to have lawyers during this process. Employees are not required to hire lawyers and lawyers are not usually provided in cases like this. Going up against your employer and a lawyer can be intimidating.

You do not have to do this alone. Consider contacting a Wilmington personal injury lawyer who can guide you through the case and increase your chances of success. An experienced lawyer can help you build a strong claim in your defense with evidence and legal arguments. This includes gathering the medical witness and any other legal steps required for a workers’ compensation claim.

CALL EDELSTEIN MARTIN & NELSON TODAY

Do not panic if your employer denies you workers’ compensation after an injury on the job. Take control by contacting Edelstein Martin & Nelson today at (302) 504-4815 to talk to a Delaware personal injury lawyer for a free consultation about your options for workers’ compensation. Our legal team is ready to help you obtain compensation for medical bills, pain and suffering, and lost income. We are located in Wilmington, DE.

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