The Delaware Department of Labor explains that virtually all employers in the state are required to carry no-fault workers’ compensation insurance coverage. If you are hurt on the job, it is your right to seek workers’ comp benefits. Unfortunately, many injured workers struggle to secure the full and fair financial support that they deserve. You have the right to appeal a workers’ comp denial. In this article, our Wilmington work injury lawyer provides a step-by-step guide to handling the denial of a workers’ compensation claim in Delaware.
Step #1: Review and Save the Workers’ Comp Denial Letter
If your workers’ compensation claim is denied in Delaware, you will receive a written letter stating that fact. The first step to take when challenging a workers’ comp denial is carefully reading and reviewing the denial letter. It should explain why your claim was denied. Common reasons include missing information, disputes over medical records, or allegations that an injury/illness is not work-related. Make sure to keep the denial letter in a safe place.
Step #2: Be Ready to Gather Supporting Documents and Records
As with any other legal matter, strong and compelling evidence is the key to successfully challenging a workers’ compensation denial. Start collecting any documents related to your case. This includes medical records, doctor’s notes, and any communication you have had with your employer about the injury. These documents are crucial because they provide proof of your injury, its severity, the impact on your life, and the connection to your job.
Step #3: Seek Professional Legal Guidance
Delaware’s workers’ compensation laws are complicated. Appealing a workers’ comp denial can be tricky. You do not have to figure out everything on your own. To get the best possible outcome, you need an experienced legal advocate on your side. Consult with a top-rated Delaware workers’ compensation attorney as soon as possible after receiving your denial letter. Your lawyer can help you understand the complex legal terms and guide you through each step of the appeal.
Step #4: File a Petition to Determine Compensation Due
You need to file your workers’ compensation appeal form before the deadline expires. In Delaware, this form is called a Petition to Determine Compensation Due and should be filed with the Office of Workers’ Compensation. Notably, there is no filing fee to submit a first-level appeal for a workers’ compensation denial in our state. By completing and submitting this form, an injured worker will officially request that the Industrial Accident Board determine the compensability of their case. You should be represented by an experienced attorney during any hearing in a workers’ comp appeal.
Schedule Your Free Consultation With Our Top-Tier Delaware Workers’ Comp Lawyer
At Freibott Law Firm, our Wilmington workers’ compensation attorney has the professional experience and legal expertise that you can trust. If your workers’ comp claim was denied, we are more than ready to help you appeal. Contact us today for a free case review. We advocate for the rights of injured workers throughout Delaware.