When you have suffered a serious on-the-job injury in Delaware or you have been diagnosed with an illness that arose out of your job duties, our Delaware workers’ compensation attorneys know that you are likely to have many different questions and concerns about workers’ compensation eligibility and the general workers’ compensation process. The following are some frequently asked questions we hear from injured workers, along with answers to help you understand your rights under Delaware law when it comes to workers’ compensation and injury benefits.
Q: Is My Injury Covered by Workers’ Compensation?
A: If you work for a covered employer, and if your injury arose out of your employment, it is likely to be compensable under the Delaware workers’ compensation system, but you should speak with a Delaware workers’ compensation lawyer to be certain. Any employer in Delaware with one or more employees is covered (meaning that employees can be eligible for benefits) unless the employer is a farm. It is important for you to know that you must be an employee in order to be eligible for workers’ compensation benefits since gig workers who are independent contractors are not covered.
Q: What Do I Need to Do Initially to Get Benefits?
A: In order to receive workers’ compensation benefits in Delaware, you will need to report the injury or illness to your employer within the time window outlined by Delaware law. For a workplace accident resulting in an injury, you must report the injury within 90 days to your employer. For an occupational disease or illness that arose out of your job, you must report your diagnosis to your employer within six months. You will also need to obtain a medical assessment and treatment from a health care provider.
Q: Can I Pick My Own Doctor for Treatment?
A: Some states require injured employees to see doctors from a specific list, but Delaware allows injured employees to choose their doctor.
Q: Are Occupational Diseases Covered?
A: Yes, occupational diseases can be compensable through the Delaware workers’ compensation system. You should speak with a lawyer about the specific illness and whether it is likely to be covered through a Delaware workers’ compensation claim.
Contact a Delaware Workers’ Compensation Lawyer Today for Assistance
Do you have questions about workers’ compensation benefits in Delaware? One of the experienced Delaware workers’ compensation attorneys at our firm can speak with you today and answer any questions you have. We can assist you with the initial claims process, and we can help you with an appeal if your initial workers’ compensation claim was denied. Contact Freibott Law online or call our office in Wilmington: (302) 633-9000.