File A Worker's Compensation Claim
Contact Your Delaware Workers' Compensation Lawyers Today!
File a Delaware Workers Compensation Claim
The process for filing a claim for benefits under workers’ compensation insurance varies from state to state, and Delaware is no different. Our state has its own procedures and requirements for filing a claim that should always be followed to make sure you are awarded the full amount of benefits that you deserve in your particular situation. Each workers’ comp case is different with different injuries, illnesses, losses, medical treatments, and more, and therefore each case will warrant a different amount of benefits. You should always consult with an experienced Delaware workers’ compensation attorney who knows how to estimate your correct amount of benefits and to help you file a claim so that you receive the full amount you deserve. Attorney Ryan Zavodnick has extensive experience assisting individuals with workers’ comp claims, so do not hesitate to call today for assistance.
When should I file a claim for benefits?
It is extremely important that you notify your employer as soon as you suffer an injury in the workplace. While it is only natural that a large part of your attention will be dedicated to your physical state, you also must take the time to provide notice to your employer, as your employer should file the appropriate paperwork with the state Office of Workers’ Compensation within ten days of your injury.
As part of your claim, you will likely have to fill out specific forms provided by your employer’s human resources department. You must also request and accept the necessary medical attention and treatment recommended for your injury, which should be covered by your employer if you properly notified them of your medical issue. If you fail to take any of these steps in a timely manner, you risk losing your ability to receive compensation benefits. An experienced attorney can assist you during this notice process and make sure all steps are adequately taken so that you can focus on your physical recovery as much as possible.
Will I qualify for workers’ comp benefits?
Workers’ compensation is intended to assist employees who are injured on the job. Delaware law specifically limits benefits to individuals who sustain the following:
- Personal injury or illness
- The arises out of and in the course of employment
Your injury does not actually have to occur on the workplace premises in all cases, however. For example, if one of your work duties is to deliver goods to another company and you suffer an injury in an accident at the other company, your injury would still likely qualify as “in the course of employment.” However, if your injury occurred because an employee of the other company assaulted you due to a personal issue, your injury will likely be found to arise from an outside issue and not from your employment duties.
Additionally, at times an employer may claim that your workplace accident did not actually cause your injury. For instance, if you state that you injured your back while lifting something heavy as part of your job, your employer may argue that you already had the back injury from a prior event. As you can see, there are certain injuries that may fall into a gray area when it comes to qualifying for workers’ compensation.
Contact an experienced Work Comp attorney for assistance today
Many people may put off notifying their employer of their injury or filing a claim for benefits because they do not know where to begin. However, too many workers do not realize the devastating effect that delaying filing a claim with an employer can have on their ability to receive benefits. For this reason, you should never delay in contacting an experienced Delaware workmans’ compensation lawyer after you have suffered a workplace injury.
Additionally, if your employer denies your claim with an argument that your injury or illness does not qualify under Delaware law, an experienced attorney can help negotiate with the company and make arguments in your favor. Sometimes, communicating with an attorney is all an employer needs to change their mind and approve your benefits.
If you need assistance filing a workers’ compensation claim in Delaware, call the experienced legal team led by Ryan Zavodnick today at (302) 364-6047 for a free consultation.