Workers Compensation in Wilmington, DE

You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Delaware state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Wilmington, DE workers’ compensation insurance and how the process works.

Workers Compensation Statistics in Wilmington, Delaware?

Delaware’s Department of Labor reported the highest rate of workplace injury in Delaware occurred in the nursing & residential facilities sector. In fact, this rate was more than double the manufacturing and construction sector rates. Notably, the leading cause of nonfatal workplace incidents was falls. Wilmington’s healthcare industry employs the largest percentage of the city’s workforce. Moreover, Wilmington is Delaware’s largest city. These two factors could result in higher injury rates when compared with nearby cities in the state.

How Does Workers Comp Work in Wilmington, Delaware?

Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim. 

The Delaware Department of Labor stipulates that employers with one or more employees must carry workers’ compensation insurance. Consequently, every Wilmington employee should be covered, starting on the first day of employment. However, farm workers are exempt from mandatory coverage. Coverage benefits for injured employees can include medical care, and temporary disability payments. Delaware is one of the few states where PTSD is a compensable benefit.

For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.

The steps you take immediately following a workplace incident in Wilmington, DE are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a Wilmington, DE healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process. Having a proper medical report detailing the extent of the damage and how it occured is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.

When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.

In Delaware, the employee must immediately notify the employer of the injury and request medical services. Failure to do so could deprive the employee of the right to compensation. Within 10 days of notification, the employer must file a First Report of Injury with the Delaware Office of Worker’s Compensation. An employee’s claim must be filed within 2 years of the date of injury. For Wilmington residents, the Delaware Workers Compensation office is located at 4425 North Market Street.

Timeline and Other Information

According to Delaware’s Department of Labor, temporary total disability becomes payable on the fourth day lost from work due to injury. If the disability extends to 7 days, the full disability period becomes compensable. Payments can amount to 66 ⅔% of the employee’s gross weekly wages at the time of injury. Alternatively, temporary partial benefits paid can be 2/3 of the difference between the pre-injury wage and the current wage. This compensation may be received for up to 300 weeks.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.

Why You Should Hire a Wilmington, Delaware Workers’ Compensation Lawyer

While workers’ compensation claims may be straightforward for some cases in Wilmington, Delaware, in others it may be more difficult. For example, your employer may decide to question whether you were hurt on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring a Wilmington workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer In Wilmington, Delaware

If you are hurt or contract an illness as a result of your job in Wilmington, DE you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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