Jeffrey S. Friedman Workers Compensation Law Blog on Lawyers.com

Filing a Delaware Workers Compensation Claim

Friday, September 3, 2010 by Jeffrey S. Friedman

There are certain steps to take when filing a Delaware workers comp claim. Following these steps will help ensure that your claim is processed properly and is not delayed or rejected due to failure to follow protocols. Having the services of experienced Delaware workers comp lawyers can help ensure that your claim is properly and speedily handled.

Notify your employer

Following the injury incident, the injured employee should notify the employer of the work-related injury or disease as quickly as possible. While the law states that you have up to two years to make this notification, in practical terms your claim will have more credibility if the incident is reported promptly.

Contact your insurance carrier

The injured employee must immediately inform the insurance carrier or office manager of the workers' comp department. Employers are required to submit a Report of Injury to the Delaware Department of Labor, Division of Industrial Affairs, office of Workers' Compensation.

A decision is rendered

Once the employer supplies the injury information, the insurance carrier and employer render a decision about the workers comp claim. The decision may include a Notice of Denial, a Notice of Temporary Workers Comp, a Notice of Compensation Payable, or an Agreement of Compensation. If you receive a Notice of Denial, your case is closed and you must go through litigation to pursue compensation. If you find your claim is denied, our Delaware workers comp lawyers can guide you in pursuing legal action to gain the benefits you deserve.

If a workers comp claim is awarded, the employee’s wages are calculated and a Statement of Wages form is sent to the employee.

When an injured employee who receives workers comp benefits returns to work, a notice of the changes to wages should be given to the employee.

If workers compensation payments are made, a final receipt is given to the employee once the payments terminate. The employee then has three years to file a claim protesting the termination of payments, if unable to return to work.

Contact us

Workers compensation can be difficult and time consuming. It is important to consult a workers comp lawyer in Delaware to review your claim and help you to receive the benefits you deserve from being injured at your workplace. You can speak with experienced Delaware worker compensation attorneys at Silverman, McDonald, Friedman, Attorneys at Law to make sure your rights are protected. Call us toll-free at 888-571-9817 or contact us online.

Posted at 15:17 PM

Topic: Workers Compensation