Most employees are aware that they are entitled to Workers’ Compensation if they are injured on the job, but many people are not aware of the exact parameters of what the law covered and the timelines in the law.
First, most Delaware employees are covered under the state’s Workers’ Compensation law. Employees who may not be covered include domestic workers and farm laborers. If you have a valid claim, medical benefits begin on the first day of eligibility and wage replacement benefits begin on the fourth day of eligibility.
Timelines for Reporting Your Accident and Filing a Workers’ Compensation Claim
Employees must report an accident or injury to their employer within 90 days of the incident. Employees have two years to file the Workers’ Compensation claim. In the case of ionizing radiation injury, workers have one year to file a claim. Under Delaware law, unlike some other states, workers can choose their own doctors when they are being evaluated for a Workers’ Compensation claim.
Delaware Wage Replacement Benefit
The wage replacement that workers are entitled to under Delaware Workers’ Compensation law will vary according to the amount of time an employee has been working with the employer. The pay will be the lowest if you were employed fewer than 13 weeks with an employer than if you were employed more than 13 weeks and it increases again if you were employed over 26 weeks. Compensation for partial disability is limited to 300 weeks total.
The state of Delaware will not provide you with an attorney but, it requires that the employer is represented in all Workers’ Compensation claims. It is always a good idea to seek out representation so that you are on equal footing with the employer as far as knowledge of the law. Employees have 45 days to appeal an adverse decision and workers who file a Workers’ Compensation claim are protected against retaliation at work under the law. If you feel you have been retaliated against as a result of filing a Workers’ Compensation claim, you should seek advice from an attorney for next steps.
Wilmington Workers’ Compensation lawyers at McCann Dillon Jaffe & Lamb, LLC Can Assist If You Have Been Injured at Work
If you or someone you know has been injured or has been exposed to a toxic substance at work under any circumstances, you may be entitled to Workers’ Compensation. Wilmington work injury lawyers at McCann Dillon Jaffe & Lamb, LLC can assess the facts of your situation with a free consultation. Contact us online or at 302-888-1221 or 215-569-8488. We have offices in Philadelphia, Media, and Abington, Pennsylvania in addition to our offices in Wilmington, Delaware, and Haddonfield, New Jersey. We assist clients across Delaware, including the areas of Dover, Middletown, Newark, and Wilmington.