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Here are some common myths about worker compensation laws in Delaware, and the truth behind those myths. An effective Delaware workers compensation lawyer can help you cut through these myths, understand your options, and file a worker compensation claim for injuries suffered on the job.
If you do not report your injury immediately, you will be denied benefits.
According to Delaware workers compensation laws, you can claim benefits for at least two years following the date of your injury. It is important to note, however, that if you delay reporting your injury, your employer may not be held liable for all of your resulting medical costs.
You must see a doctor chosen by the employer.
In Delaware, injured employees can choose their own treating physician and submit claims for payment of medical bills. While the employer or insurance company may try to insist on a specified doctor of their choice, you can request the right to see a different doctor. If the employer or insurance company does not voluntarily grant your choice of doctor, you are guaranteed the right to a one-time Change of Physician, and if your injury proves to be compensable, the employer is required to pay for at least one visit with that new physician.
Independent contractors aren't eligible for worker compensation benefits.
Many so-called Independent Contractors may be seen by the law as employees, especially if their worksite and job duties are similar to those of regular employees. Even if an employer required that you sign paperwork declaring you to be an independent contractor, you may still be eligible for worker compensation benefits. This is an area where an experienced Delaware workers comp lawyer can assist you.
Consulting an attorney is very expensive.
The law limits the fees an attorney can charge for representing an injured worker on a workers’ compensation case. Initial consultations are free, and in most cases, the attorney is paid only if you win a settlement.
The insurance company will always pay what they owe me.
Don’t assume that an insurance company will pay you the benefits you deserve. Get the help of an experienced worker compensation attorney to make sure you receive all of the benefits you deserve.
You cannot beat the system. If your claim is denied, the case is over.
In truth, worker comp claimants win new benefits all the time, even when the employer or insurance carrier initially refused to pay.
Consult an experienced Delaware workers compensation attorney at Silverman, McDonald, Friedman, Attorneys at Law for an effective evaluation of your case. Call us toll-free at 888-571-9817 or contact us online to determine whether your claim is valid and can be successfully pursued.