Dover Workers Comp Lawyer

Being injured while at work usually requires taking some time off to completely recover. When you’re worried about maintaining your standard of living while you’re recovering, connect with a Dover workers compensation lawyer for assistance.  

When you become sick or injured at work, you will likely have concerns about how you’ll support yourself and continue to pay your bills while you’re unable to work. Unfortunately, too many employees fear retaliation from their employers for choosing to move forward with a workers compensation claim, despite the fact that workers compensation benefits are an entitlement, not a privilege, in Delaware.

Throughout the state, almost every business is required by law to provide employees with workers compensation coverage in the event that an accident or illness renders them unable to continue to work for a period of time. Unfortunately, many workers comp insurers and employers have a vested interest in denying deserving work comp claimants, and they do so often.

Get in touch with a competent Dover workers comp lawyer at Barros, McNamara, Malkiewicz & Taylor for help securing the benefits you’re entitled to.

Eligibility Requirements for Workers Compensation in Delaware

The main requirement for qualifying for workers compensation benefits in Dover is that you were employed with the company where you were injured at the time of your injury. The injury must have happened while you were completing the duties of your position. An employee who is not on company property but still working, such as a delivery driver, should qualify for benefits.

Violating company rules and regulations by committing a criminal act or fooling around with coworkers when you’re injured can provide cause for your employer or the work comp insurer to deny your claim.

Furthermore, it is critical that we inform your employer that you intend to file for benefits within ninety days of the injury occurring or within six months of being diagnosed with an occupational illness. If you fail to meet this requirement, you could become ineligible for benefits.

All About Your Dover Workman’s Comp Benefits

Workers comp benefits will generally cover the full extent of your medical bills, including your copays, prescription medications, and even transportation fees so you are able to make it to and from your doctor appointments. In Delaware, you are even given the option of using the physician of your choice by making sure to let your employer know that you’ve chosen your own physician.

You’re also entitled to recover supplemental income. This is the portion of your wages you can expect to collect in the form of workers comp benefits while you are still unable to work in Dover.

Employees who suffer an injury are entitled to two-thirds of their pre-injury income, with a maximum allowable weekly amount that applies no matter how serious the injury may be. The calculation of the employee’s weekly salary is made by taking the average salary of the last twenty-six weeks before the injury occurred.

To calculate the severity of your disability—and therefore the amount you should receive in benefits—a certified medical examiner will conduct an exam and assign a disability rating to your loss. This assigned percentage will be applied directly to your weekly check for the allotted number of weeks you’ll be receiving benefits.

The Process of Filing Your Dover Workers Comp Claim

When you first wind up sick or injured, it’s important that you let your employer know as soon as you are able that you’ll need time off due to your work injury and you intend to seek workers comp benefits while you are out of work. Your employer is required to make a report of the incident in question to the relevant workers comp insurance company.

This incident report will need to be submitted to the appropriate Delaware workers compensation officials within ten days of your notification to your employer. This is your employer’s responsibility so your claim can be processed in a timely manner.

Once your claim for Dover work comp benefits has been approved, you can begin accruing benefits as of the seventh day you were out of work. Technically, your benefits will begin as of the third day out of work, but in order to receive any workers comp benefits, your injury needs to keep you out of work for a minimum of seven days before you can start collecting benefits.

When you receive your approval letter, it will go into detail about how long you will receive benefits, per the recommendation from your physician’s examination, and the amount your benefits will include. For more information about the details of your approval, you’ll be able to get in touch with your employer’s workers comp insurance company.

Handling a Dover Work Comp Denial

If your claim has been denied, your Dover work comp attorney’s first step will likely be to work with the insurance adjuster to ensure that all of the appropriate documentation and paperwork has been submitted and filled out correctly. If the insurer requires additional supporting documents or any other information, we will obtain it before proceeding with an appeal.

If, despite our best efforts, the insurance adjuster fails to continue to work with us to obtain your approval and is set on denying your claim, we can petition Delaware workers comp officials to schedule a hearing with the Industrial Accident Board. Here, an unbiased committee will hear your case and make a determination regarding the approval or denial of your workman’s comp claim.

As a last resort, we can appeal your case in court, where a judge will decide whether your Dover workers compensation claim merits an approval.

Dover Workers Comp FAQ

Employees who have been injured have plenty of questions about how filing for workers compensation works in Dover and what they should expect throughout the process. That’s why we’ve provided the answers to some of our clients’ most frequently asked questions below.

If I’m permanently disabled, will I still be able to collect workers comp?

When your medical examiner establishes that you are not expected to recover from your illness or injury, you can still receive workers compensation for the maximum time period of roughly 300 weeks. Then, your benefits can be transferred to either federal or state disability.

Is there a time limit for how long I can receive benefits?

Generally, 300 weeks is the maximum amount of time anyone can collect workers compensation in Delaware. For injuries that aren’t permanently disabling, the typical rule is that you’ll receive workers comp until your doctor clears you to return to the position you worked in prior to your injury.

What happens if I am partially responsible for my injuries?

With workers compensation, fault is largely irrelevant. It will not matter who is responsible for causing the injuries; as long as you were actively employed with your company and working at the time of your accident, you should qualify for workers comp benefits in Dover.

Speak with a Dover Workers Comp Attorney

If you need help understanding the complicated details of the workers compensation system, or if your claim for benefits has been denied and you could use help filing an appeal, reach out to a dedicated lawyer at Barros, McNamara, Malkiewicz & Taylor today.

You can schedule your free claim evaluation with a Dover workers comp lawyer by filling out the convenient contact form at the bottom of this page or giving us a call at 302-734-8400.